In a letter addressed to the Secretary / Chief Executive Officer of FKF dated 11th October 2024, and copied to all stakeholders involved, Rose Wasike, the Sports Registrar, issued a firm reminder urging the Football Kenya Federation (FKF) to comply with Kenya’s legal framework as it prepares for its upcoming elections. This reminder underscores the importance of adhering to the Constitution of Kenya (2010), the Sports Act No. 25 of 2013, and the Sports Registrar Regulations of 2016 to ensure a credible, transparent, and inclusive electoral process. With Kenya set to host the African Nations Championship (CHAN) in 2025 and the Africa Cup of Nations (AFCON) in 2027, the timing of this call is critical in safeguarding the integrity of football governance in the country.
At the core of Wasike’s reminder is the need for FKF to ensure that its elections comply with Section 46(6) of the Sports Act, which mandates that leadership positions within national sports organizations must be open to the public. However, FKF’s current electoral code is seen as restrictive and designed to favor existing officials. Specifically, it requires candidates to be endorsed by three officials from their county, limiting the participation of potential new entrants. Wasike emphasized that such restrictions violate the principle of openness and fairness outlined in the Sports Act, which aims to promote equal access to leadership positions within sports organizations.
Moreover, Wasike expressed concern over FKF’s long-standing failure to register its county branches as required under Section 47 of the Sports Act. In 2019, FKF collected registration forms for 47 counties but failed to complete the process, leaving many branches unregistered. As a result, FKF has been using these unregistered branches for voting, a clear violation of Section 46(2), which stipulates that only legally registered entities can operate as sports organizations. This continued non-compliance has led to numerous court cases and complaints from stakeholders, threatening the legitimacy of FKF’s elections.
In her letter, Wasike also highlighted the importance of transparency in the election process, pointing to Paragraph 20 of the Sports Registrar Regulations, which outlines the necessary procedures for conducting credible elections. The regulations require that all candidates be cleared by key government agencies, including the Directorate of Criminal Investigations (DCI) and the Kenya Revenue Authority (KRA). However, FKF has not fully implemented these vetting processes, raising serious concerns about the integrity of its elections. Wasike warned that bypassing these legal checks undermines both the credibility of the election process and the governance of football in Kenya.
Additionally, Wasike called attention to voter eligibility, stressing that only registered county sports associations and clubs should be allowed to vote in the elections. The Sports Registrar Regulations define a “member” as an individual or body affiliated with a sports organization. However, FKF has continued to use unregistered entities for voting purposes, further violating the Sports Act and leaving the process open to legal challenges. Wasike’s letter reiterated that aligning FKF’s voter base with legally recognized entities is crucial to ensuring a legitimate electoral process.
Rose Wasike’s intervention serves as a crucial reminder of FKF’s legal obligations as it prepares for its elections. Failure to comply with these frameworks could lead to continued governance challenges, disenfranchisement of stakeholders, and even sanctions from international football bodies such as FIFA. As Kenya looks forward to hosting major international tournaments, it is essential for FKF to ensure that its governance structures reflect the principles of fairness, transparency, and accountability.
Here’s the Registar’s letter .
Reminder Letter to FKF (Guiding on election process) Oct 2024 Copy Send
