Stars risk missing World Cup qualifiers

Contrary to the statement appearing in the local dailies on February 21, 2009 attributed to Fifa Secretary General, and while still on the Fifa legal opinion letter dated January 27, 2009, we cannot assume the national team is no longer in danger of missing the World Cup qualifiers should they play under Football Kenya Limited (FKL).

Fifa statement and the letter admits that:

a) There was no proper registration of dissolution of the Kenya Football Federation (KFF) in the Kasarani ‘Special General Meeting’ on November 15, 2008.

b) There was no transformation of KFF into FKL, as Kenyan Law does not permit a society to transform to a company.

c) While KFF still exists, a new company under the name FKL was formed and registered on June 19, 2008.

d) According to Article 10 of the Fifa statutes, an association can only be accepted as a Fifa member after two years.

e) Fifa cannot recognise any other body other than KFF and FKL must follow the right procedure to be admitted as a Fifa member.

f) Kenyan clubs are currently participating under KFF.

democratic process

g) It is not possible to de-register KFF by only applying Kenyan Law. Only political ways can be used, a move which Fifa terms as government interference.

h) FKL leadership has not undergone a democratic election process as envisaged in Article 17 of the Fifa statutes.

In view of such admittance, Harambee Stars is in danger of missing out on the World Cup qualifiers if a non-member of Fifa such as FKL is allowed to run the show.

Fifa legal expert and the head of Associations committee came to Kenya to see how to register the dissolution of KFF that is not easy.

The perception was to use politicians and threats of Fifa ban to register the purported dissolution of KFF without following the due process and let FKL run the show from the back door.

Fifa must realise that what is purported to have transpired in the Kenyan issue was transformation and not change of name as suggested in its aforesaid statement.

The examples of Nigeria, Tanzania and Australia as countries where such changes have taken place are misplaced as none of them transformed to a limited company by unregistered officials. Stars’ opponents can successfully challenge the purported change of KFF to FKL.

— Mohamed Omar, National Executive Member, KFF

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