Football Kenya Federation (FKF) president Hussein Mohammed received a major boost after FIFA rejected attempts by a section of the National Executive Committee (NEC) to suspend him from office, deepening an already bitter leadership crisis at the federation.
In a strongly-worded communication copied to the Confederation of African Football (CAF), FIFA ruled that the decisions made by certain FKF NEC members were not compliant with the federation’s constitution and therefore could not be recognised.
FIFA ruled that forcing an official to step aside is legally a provisional suspension. Under Article 41 of the FKF Constitution, such a move required proper notice, an established agenda, and, most importantly, affording Hussein the right to be heard, none of which were followed.
“Actions taken outside the clearly defined statutory framework cannot produce valid legal effects within the association,” said FIFA in a statement signed FIFA chief member associations officer, Elkhan Mammadov.
“In particular, the information and documentation provided do not demonstrate that the applicable procedural requirements were respected. FIFA therefore, categorically rejects the procedure that has been followed in this matter,” the statement continued.
“Any measure requiring an official to ‘step aside’, when imposed as a mandatory act rather than undertaken voluntarily, can only be understood as a form of provisional suspension within the meaning of Article 41 of the FKF Constitution.
“As such, it must strictly comply with the substantive and procedural safeguards expressly stipulated therein.
“These requirements are neither discretionary nor optional; they constitute fundamental guarantees of due process, legality and institutional integrity and cannot be set aside by reference to alternative practices or extraordinary considerations.”
“Having carefully considered the information, documentation and explanations submitted, we deem it necessary to recall the relevant provisions of the FKF Constitution governing such situations,” the statement concluded.
FKF president Hussein Mohammed welcomed FIFA’s guidance and promised a better tomorrow in his administration.
“Football unites us. We need to move and work as a team. If there is a problem, there is due process to be followed to find solutions if we are unable to agree. I believe in a common goal apart from our personal interests. I cannot succeed in isolation,” said Hussein.
Mohammed was urged to step aside following allegations of misappropriation of approximately KES 42 million from CHAN-related funds, according to resolutions passed by the federation’s National Executive Committee (NEC) on April 24th.
