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FIFA letter to Kenya raises Tensions ahead of elections,stakeholders up in arms

FIFA letter to Kenya raises Tensions ahead of elections,stakeholders up in arms

A controversial FIFA letter by Acting Secretary General Markus Kattner addressed to Football Kenya Federation President Sam Nyamweya has elicited anger and varied reactions from football stakeholders in Kenya.
In the letter Kattner points out to the emotive Counties issue saying only branches will be used as the main format in the upcoming football elections to chose a new President and other positions.
The fury from the stakeholders emanates from the fact most accuse  President Sam Nyamweya of  duping  FIFA on the Counties by deliberately failing to forward to FIFA minutes of the 27th September AGM held at Kabarak and signed by himself that effectively put the resolution of having all branches convert to 47 counties as per the New Kenyan Constitution that took effect in 2010.
Football Stakeholders have been up in arms since FKF’s Secretary General Michael Esakwa dispatched the FIFA communique to clubs as they accused the incumbent Nyamweya of having sinister motives to help  craft his way back into the football high office.
A planned Demo in Nairobi by football Stakeholders has been slated for next Wednesday failing to take place Friday 25th as slated after police asked to get a three day notice.
Immediate Former Football Kenya Limited Chairman and veteran football administrator Mohamed Hatimy has added his voice to the impasse and raging storm writing a detailed letter exclusively retrieved by Soka25east.com acussing Sam Nyamweya among other things of insincerity and duping FIFA for his own personal gain ahead of the elections.
Read letter below to FIFA by Immediate Former Football President Mohamed Hatimy
Dear Mr Secretary-General,
 
FIFA Headquarters,
 
ZURICH.
 
 
Dear Sir,
 
RE: WHY IS FIFA SUPPORTING VIOLATIONS OF THE LAW BY FKF CHAIRMAN SAM NYAMWEYA ?
 
 
I am disturbed by reports that FIFA under your watch is supporting what amounts to violations of the Constitution of Kenya by FKF Chairman, Sam Nyamweya.
 
Specifically, I want to comment on the various provisions of the Constitution that Nyamweya & his Executive seem intent on breaching, in order to make their re-election to another term in office as smooth as possible:
1.(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.

Fifa policy is to uphold and respect national constitutions of member countries. When I was Chairman of FKL, this FIFA policy was emphasised to me in no uncertain and clear terms. One of the conditions imposed upon my Executive  by FIFA was to respect and honour gender balance, and this  was accepted and implemented by us unequivocally.

Sad to say, Mr Nyammweya appears bent on overturning the new 2010 Constitution of the Republic of Kenya and which calls for the implementation of one-third gender representation in government and public institutions as well as national organisations. Yet he was elected to office under this very Constitution.

I suggest FIFA should demand from him that he respects the observance of one-third gender balance in the forthcoming FKF elections.
(2) The people may exercise their sovereign power either directly or through their democratically elected representatives.
 
Mr Nyamweya contemplates excluding his rivals from taking part in the forthcoming elections. He only wants those vetted by his Executive to participate. This, if allowed to happen by FIFA, is in flagrant violation of Art. 2 above.
 
2.(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
 
Mr Nyamweya and his Executive cannot, therefore, place themselves above national laws governing all registered entities and persons in the Republic of Kenya.
 
2.(3) The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.
 
The Constitution cannot be up-ended by Mr Nyamweya to serve his own selfish interests.
 
2.(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
 
Mr Nyamweya must fully comprehend that any edicts or decrees he may pass that are ultra vires our Constitution are non-binding to the extent stipulated by the relevant provisions of the Constitution.
 
2.(5) The general rules of international law shall form part of the law of Kenya.
 
The general rules and norms of international law, as embodied in the Statutes of FIFA, are part and parcel of the laws of Kenya governing football administration.
 
 3. (1) Every person has an obligation to respect, uphold and defend this Constitution.
 
No one can therefore be allowed to violate with impunity the Constitution that is in place. Every person is obliged to uphold and defend our Constitution.
6. (1) The territory of Kenya is divided into the counties specified in the First Schedule.
 
Under the new Constitution, 47 counties were established to enable the introduction of devolved government at county level. This means FKF must have branches in 47 counties to be called County Branches. However, Mr Nyamweya is seeking to hold elections in only 20 branches under the old system which is totally unacceptable.
 
24. (1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including––
(a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and

These are core rights and their enjoyment is a non-negotiable issue. Mr Nyamweya needs to be told in no uncertain terms by FIFA that he must respect the rights of all members and conduct free, fair and transparent elections.
 27. (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
 
Mr Nyamweya and his team must understand that they are not above the law and that we all enjoy equal rights.
 
Hon Mohamed Hatimy
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Ex- CAF Media Expert. An expert on African football with over 15 years experience ,always with an ear to the ground with indepth knowledge of the game. I have worked for top publications including 7 years at www.supersport.com until i founded www.soka25east.com to quench the thirst of football lovers across the continent. I have trained young upcoming journalists who are now a voice in African football.I have covered World Cup,AFCON,CHAN,Champions League,Confederations Cup,Cecafa,Cosafa,Wafu and many other football tournaments across the World. Founder Football Africa Arena(FAA),Founder www.afrisportdigital.com

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