Open letter: CS Amina must invoke law to appoint FKF caretaker committee

On 10 February 2016 , the football fraternity and the entire Kenyan population was expectant with hope of better things as youthful Nick Mwendwa was installed as the Football Kenya Federation boss, taking over from Sam Nyamweya.

Exactly four years down the line, Kenyans and the football world is not only disappointed but also frustrated at the tragedy that Mwendwa has turned out to be to the Kenyan game.

In the short stint, he has overseen the nosediving of standards, leading to general apathy to football by the fans and corporate partners alike.

His has been a system of autocracy that is largely driven by the ‘mtaa’ mentality that has seen him act in absolute impunity with reckless abandon, fight everyone and anyone he thinks is against him but sadly, act outside the confines of applicable law, regulations and statutes.

He has blatantly refused to show respect for authority and even reneged on the promise made that the FKF, under him and with the support of FIFA, would immediately embark on a compliance journey to ensure they were on the right side of Kenyan constitution and all applicable laws.

To say the least, it has been a disaster.

Finally, his term is over and time has come for the rule of law to take its course, especially in view of the fact that he has failed to lead an electoral process that is credible, free and fair. Nick Mwendwa and his entire team must now vacate office to pave way for transition to take place as provided for by the Sports Act and other applicable statutes and regulations, including the FIFA statutes.

Today, 10 February 2020, is the day Mwendwa must do the right thing, which is to step down honorably; having failed to organise for elections and invite the government and FIFA to appoint a caretaker committee or be forced out.

But knowing Mwendwa and his ego, the expectation of him resigning would be like expecting water to come from striking a rock. So someone else must force his ouster from Kandanda House.

Cabinet Secretary for Sports Amina Mohammed cannot afford to hesitate invoking Section 54 (1) of the Sports Act and demonstrate Kenyan pride as a nation of people with great fidelity to the rule of law. Lest we forget, Chief Justice David Maraga, in delivering the earth-shaking ruling that nullified the 8 August 2017 presidential election results, reminded everyone where the greatness of a nation lies.

He said: “The greatness of a nation lies in its fidelity to the constitution and adherence to the rule of law and, above all, respect to God.”

Those Solomonic words must be inspiration that CS Amina needs to suspend the current FKF regime of Nick Mwendwa and immediately appoint a caretaker committee to oversee elections. That declaration must be accompanied with an invitation to FIFA to nominate representatives to the committee whose charge at the federation would legally not exceed six months.

Section 54 (1) of the Sports gives the CS powers to “appoint any person or committee to assume the management, control and conduct of the affairs of a sports organization…”

“… To exercise the powers and functions of the sports organization to the exclusion of its officials, including the use of its corporate seal, where the sports organization concerned has been unable to conduct its affairs in a proper manner,” reads part (a).

Part (b) is clear on the moral principle that forms the premise for excluding the officials from continuing to hold office – conduct “in a manner which is
detrimental to the interest of the relevant sporting discipline or which
has brought the sporting discipline into disrepute”, which is exactly what Mwendwa and his team have done to Kenyan football, even by merely occasioning the nullification of their purported elections.

Mwendwa sympathizers may want to argue that this provision of law may not apply in the present circumstances because no inspection has been done as provided by section 51 of the Act but they should be reminded that by failing to comply with Sports Registrar’s regulations as Rose Wasike stated in her letter to Mwendwa sometime in November 2019 is an indictment to the office that Mwendwa leads.

Stakeholders must put pressure on CS Amina to take the bold step should she hesitate to act against her perceived ally, who body language and (in)action recently suggest she may have been inclined towards or been sympathetic to Mwendwa.

Whether she had hoped for a Mwendwa re-election or not is now overtaken by events, they had the chance to do the right things the right way to have a credible electoral process within the confines of the law to have the Kariobangi Sharks man back in office but they squandered the opportunity. They must now lie on the bed they made for themselves, face the reality of things as they are and etch themselves in the books of history.

The world is watching with a very keen eye.