Blow for FKF as High Court gives caretaker committee thumbs up
The High Court has allowed Football Kenya Federation’s (FKF) caretaker committee to continue managing football activities, at least in the interim.
The committee was appointed by Sports Cabinet Secretary Amina Mohamed on a six-month mandate following the move to disband the FKF led by its embattled president Nick Mwendwa
FKF and Mwendwa, before he recently stepped aside, then moved to court challenging Amina’s decision.
But Justice Hedgwig Ong’undi on Tuesday declined to restrain the Justice (retired) Aaron Ringera led committee from discharging its mandate, pending hearing and determination of the case.
FKF says the committee alleging is an illegal outfit that is not recognized by football’s world governing body Fifa.
Through its lawyers, Eric Mutua, Charles Njenga, Silvia Matasi, and Victor Omwembu, FKF have prayed to Justice Ong’udi to allow the disbanded administration to resume office.
Mutua says the 15-member committee comprising retired Justice Ringera, Moses Oyugi (vice-chairman), Fatma Adan, Michael Muchemi (secretary), and Linda Ogutu (head of the secretariat) is illegally managing football affairs.
He added that FKF is the only body recognized by the Confederation of African Football (Caf) and Fifa to manage football activities in the country.
However, the CS and the Registrar Rose Wasike defended the appointment of the caretaker committee saying they are mandated in law to intervene when mismanagement of soccer crops up.
When the case was mentioned on Tuesday virtually before Justice Ongudi for directions, she declined to grant any interim reliefs then ordered the status quo prevailing to continue until the matter is determined.
“Having looked at the application for conservatory orders and the main petition, I have found they both raise the same issues and arguments which need to be canvassed at the main hearing,” said Justice Ong’udi.
The judge proceeded to order all the parties to file written submissions within 14 days.
She ordered the case to be mentioned January 17 2022 to take a date for final judgement.
Ms Mohamed and the Registrar are represented in the case by state counsel Thande Kuria.
FKF has named the CS Sports (Mohamed), the Registrar Sports, the Caretaker Committee, and the Attorney General as respondents.
Since then, Mwendwa has been arrested on two separate occasions and charged with misappropriation of public funds, then handed over his duties to FKF vice president Doris Petra.
He is out on a Sh10 million cash bail.
The case will be mentioned on December 20, 2021, for pre-trial directions