June 13, 2024

Drama Galore as Mombasa court stops FKF AGM

Drama Galore as Mombasa court stops FKF AGM

FKF delegates convened for a press conference in Nairobi to condemn the alleged efforts of clubs, notably Murang’a Seals, who stand accused of clandestinely introducing Hussein Mohammed to the AGM

For decades now, the hopes of thousands of promising Kenyan soccer talents have continued to dwindle into oblivion amidst the ongoing turmoil within the corridors of Kenyan football.

Earlier on Friday, FKF delegates convened for a press conference in Nairobi to condemn the alleged efforts of certain clubs, notably Murang’a Seals, who stand accused of clandestinely introducing presidential hopeful Hussein Mohammed into the AGM delegations, in direct violation of both their club's regulations and the FKF statutes.

However, mere hours after this press conference, a court in Mombasa issued an injunction halting the scheduled Football Kenya Federation Annual General Meeting, originally planned for Saturday, until a case presented before the court is thoroughly deliberated upon and resolved.

This injunction, issued in response to a petition lodged by journalist Milton Nyakundi, underscores the deep-seated legal entanglements currently miring the realm of Kenyan football.

The order reads in full:

“THIS MATTER coming up on 15th March 2024 for directions on the Notice of Motion dated 13th March 2024 before Honourable Lady Justice Olga Sewe, UPON considering the said application together with the Supporting Affidavit filed therewith and its annexures;

IT IS HEREBY ORDERED:

1. THAT the application be and is hereby certified urgent.

2. THAT the same be served forthwith on the respondents and the other parties for hearing on 18th March 2024.

3. THAT in the interim stay of the intended Annual General Meeting of the Football Kenya

Federation be and is hereby granted pending hearing inter partes of the application.

GIVEN under my hand and seal of the Honourable court this 15th day of March 2024.”

Signed by 

HON. LADY JUSTICE OLGA A. SEWE

 


HERE IS MILTON NYAKUNDI’S PETITION WORD FOR WORD

I, MILTON NYAKUNDI ORIKU, a journalist by profession and a citizen of the Republic of Kenya do hereby certify that this Application is extremely urgent and ought to be heard on a priority basis ex-parte for the reasons THAT:-

1. On July 19th 2022, the 1st Respondent, exercising its inherent jurisdiction, issued a decision in July 2022 that found the Applicant of the instant suit and his National Executive Committee colleagues to have been duly removed from office and therefore lacking the capacity to act as officials of the Football Kenya Federation. The judgment was never appealed by the Applicant of the instant suit, neither was it stayed or set aside and is therefore in force.

2. The impugned National Executive Committee, which the Applicant in the instant suit is purportedly a member of, has convened an Annual General Meeting of the Football Kenya Federation delegates at a convention scheduled for Saturday, March 16th 2024 in Nairobi, from 10.00am.

3. In view of the 1st Respondent’s decision of 19th July 2022 declaring the National Executive Committee of the Football Kenya Federation having been duly removed from office, the same impeached officials lack the capacity to organize an Annual General Meeting.

4. There exists a pending contempt of court suit before the 1st Respondent, which proceedings have been stayed by an order of this court on the motion of the Applicant, who is a member of the indicted National Executive Committee of Football Kenya Federation.

5. There exists an application regarding the same subject matter, to wit Kiambu HCJR/E003/2024, which had sought exactly the same orders as those issued by this court on 1st March 2024 but which were denied by the court in Kiambu.

6. This court issued stay Orders, dated March 1st 2024, barring the 1st Respondent from issuing its judgment on the contempt suit before it until this instant suit is heard and determined.

7. The agenda of the intended Annual General Meeting of the Football Kenya Federation is elections, which have a four-year cycle which makes it of grave urgency to address the legality of the intended AGM.

8. It is illegal for individuals whose capacity to act as officials of the Football Kenya Federation is the subject of court proceedings, including this Judicial Review proceedings, to purport to convene an Annual General Meeting.

9. The intended Annual General Meeting of the Football Kenya Federation must be stayed so as to protect the integrity of all pending court proceedings, including the Judicial Review suit before this court.

10. Pursuant to Article 21 of the Football Kenya Federation Constitution, the Annual General Meeting is the supreme and legislative body and as such its convention must satisfy all the legal imperatives due to the ramifications of the deliberations and decisions that result from the meeting.

11. The capacity of the convenors of the Annual General Meeting of an organization must never be in question because that renders the outcome of the AGM illegal, null and void.

12. Unless the intended Annual General Meeting of the Football Kenya Federation scheduled for Saturday, 16th March 2024 is stayed, this suit and others pending before courts of justice would be rendered nugatory, exercise in futility, waste of precious judicial time and a miscarriage of justice.

13. This court has the jurisdiction to issue stay orders as prayed and no party would suffer any prejudice whatsoever.