Why FKF’s draft constitution is causing so much jitters

Football Kenya Federation delegates are headed to what could be the most divisive Annual General Meeting in the history of the federation. 

The FKF’s AGM is scheduled for November 18 in Mombasa, and one of the agenda items in the meeting is the adoption of a new constitution for the federation. The federation has put together a 35-page draft constitution that it hopes will be adopted by 77 delegates eligible to vote in the meeting.

The quest for a new constitution has been necessitated by the need for FKF to conform to new regulations passed by both Caf and Fifa regarding, among other things, term limit of presidents of member federations.

Of the proposals in the draft constitution, the one item that has caused a big rift among delegates is a proposal to increase the term limit of the federation’s president to three terms (from the current two) of four years each.

Listed as agenda 14(1) in the fifth AGM, the new FKF rule book in article 36 (e) states: “The term of office of the President and the NEC members is for four years. They may be re-elected for a further two (2) terms of office provided a member contesting for any position other than the one previously held, shall be eligible to contest for that position as it shall count for a new term of office in its own right.”

If adopted, FKF would be in contravention of the Sports Act which stipulates that officials of all local sports federations will only enjoy a maximum of two terms in office, each term consisting four years.

At a football stakeholders meeting in Nairobi last week, FKF’s former CEO Lordvick Aduda warned that extending presidential term limits would be in contravention to the Sports Act, but the matter was still listed as an agenda item for the AGM.

The draft constitution also states that even after the three terms (of four years each) have elapsed, an official may vie for another position within the federation, setting the stage for recycling of officials. Stakeholders also fear that a clique of officials in the current office who were elected in 2016 to serve for a maximum of two terms in office could decide to vie for a third term after changing the constitution.

Edward Rombo, a spots lawyer who has worked with previous football administrations in Kenya, has termed the proposal ‘illegal.’ 

“At the end of it all, I see that proposal falling flat. If the AGM passes it, then the Sports Registrar won’t accept the constitution because it is against the law.”

But FKF Communications manager Barry Otieno argues that the current constitution needs to be reviewed.

“The current FKF constitution is silent on the number of years FKF president and National Executive Committee members are supposed to serve. We may need a legal interpretation should one decide to stay in office for more than the proposed 12 years,” Otieno said.

MOTIVATED BY GREED

Curiously, the draft constitution is silent on the criteria for promotion and relegation of teams, a contentious issue that has has occasioned the delay of the Kenyan Premier League at least five times in the last decade.

“This new constitution is motivated by greed. The current office wants to ensure it remains in power for as long as possible. The issue of term limits is clearly spelt out in the Sports Act. Even if delegates pass it, it will be challenged at the High Court,” sports lawyer Elvis Majani said of the proposed document.

The other contentious issue is the proposal to make it mandatory for each club playing in the National Super League to have in its match day squad five players below 20 years.

The draft constitution also proposes that in any particular match, one of these under-20 players must be fielded the entire 90 minutes. While the proposal is meant to nurture young players, some stakeholders feel it contravenes Fifa laws.

“This contravenes Fifa laws on sporting merit which stipulate that a player must warrant his position on any team. It is also interference within the clubs because it interferes with player selection.
“It is bound to create a sense of entitlement among the under-20 players and will set older players up against younger team mates, causing disharmony in the team,” Sports consultant CEO Harold Ndege said.

“Players should be selected on merit, not age. Why can’t they just start a youth league, or a reserve league as is the case in South Africa? Fifa has a blueprint where teams in premier league and lower-tier leagues are encouraged to have a junior team. Why can’t the federation enforce that if their intentions are indeed pure?”

It is feared the proposal is meant to benefit top FKF officials who run youth academies by way of solidarity fees.

A proposal by stakeholders making it illegal for FKF president and CEO to own clubs in KPL or the lower-tier league, as well as a requirement for aspirants to seek clearance from anti-graft bodies was swiftly shot down last week.