Press Statement by Murang’a Seal Chairman Robert Macharia on the attendance of Hussein Mohammed at the FKF AGM.
On March 5, Murang’a Seal appointed its Vice Chairman Hussein Mohammed to represent the club at the Football Kenya Federation (FKF) Annual General Meeting (AGM) scheduled for Saturday March 16. In a letter dated March 11 FKF CEO Barry Otieno stated that following a comprehensive review of the registration documents’ of Muranga Seal, our Vice Chairman, Mr Hussein Mohammed, is ineligible to attend the FKF AGM.
The position taken by the FKF CEO blatantly violates the FKF Constitution, the rights of Murang’a Seal, and the universal values of football. In plain English, there is no regulation anywhere on earth that empowers the FKF CEO to decide for Murang’a Seal who shall represent them at the FKF AGM.
Accordingly, Hussein Mohammed’s purported ineligibility is nothing more than wishful thinking fueled by malice, hubris, and a desire to escape accountability by any means necessary. For the avoidance of doubt the decision of who shall represent Murang’a Seal at the FKF AGM is the sole prerogative of the club. No one can dictate to Murang’a Seal in this regard.
This is expressly provided for in the FKF Constitution.
The following are the relevant provisions of the FKF Constitution that apply to this instance.
The FKF Constitution 2017 defines a “Member” thus: a legal person that has been admitted into membership of the Football Kenya Federation by the General Assembly.
Muranga Seal are a duly registered member of FKF.
Article 11 on Admission of Members says:
- The members of FKF are:
a) The FKF Premier League;
Article 18 of the FKF Constitution addresses the Independence of Members and their Bodies
Each member shall manage its affairs independently and with no influence from third parties.
This is why the decision as to who will attend the AGM on behalf of the club belongs to the club only
Article 19 Status of Clubs, Leagues, Regional Associations and other groups of Clubs
The entities of FKF mentioned in part 1 above shall take all decisions on any matters regarding their membership independently of any external body. This obligation applies regardless of their corporate structure.
In Article 13, the FKF Constitution confers various rights on its members.
The first right under this article gives every FKF member the right to ‘take part in the General Assembly of FKF, to receive its agenda in advance, to participate in the debates and discussions and exercise its voting rights’
Article 23 speaks directly to the attendance of the AGM
It says; The General Assembly is composed of the following 94 delegates:
One representative of each of the 18 FKF Premier League Clubs (i.e. 18 delegates).
Ten (10) representatives from the NSL representing the first 10 teams of the league standings 30 days before the date of the AGM (i.e. 10 delegates). Such a league must have run for at least half of the total rounds. If this is not the case, the final league standings from the previous season shall apply.
Ten (10) representatives from the National Division One League comprising of the teams ranked from number 1 to 5 in the two zones of the League as per the league standings 30 days before the date of the
AGM (i.e. 10 delegates). Such a league must have run for at least half of the total rounds. If this is not the case, the final league standings from the previous season shall apply.
One representative of each of the 48 Counties (i.e. 48 delegates).
One representative of the FKF recognized Association for Referees (i.e. 1 delegate).
One representative of the FKF recognized Association for Coaches (i.e. 1 delegate).
One representative of the FKF recognized Association for players (i.e. 1 delegate)
Five representatives of Women’s football comprised of 3 representatives from the Women’s Premier League and two representatives from the Women’s Division One League. In the event that the WPL is played in two zones the representatives of the two teams at the top of the standings and the best-placed 3rd team, 30 days before the date of AGM will be delegates to the AGM. The two representatives from the Women’s Division One League will be the representatives of the clubs occupying the top position in each zone as per the league standings 30 days to the AGM. (i.e. 5 delegates). Such a league must have run for at least half of the total rounds. If this is not the case, the final league standings from the previous season shall apply.
Delegates must belong to the Member that they represent and be appointed or elected by the appropriate body of that member by the art.18 of this constitution. They must also be able to produce evidence of this upon request.
Each delegate has one vote in the General Assembly. Only the delegates present are entitled to vote. Voting by proxy or by letter is not permitted.
Given the above provisions of the FKF Constitution, it is painfully obvious that the FKF CEO has no power to declare Mr Hussein Mohammed ineligible to attend the FKF AGM.
We are aware that there is persistent intimidation of delegates, including some branch Chairmen and club representative that are deemed to be anti-status quo with a view of compromising their position in matters FKF. The case of Murang’a Seal is just an example of an elaborate plan to intimidate delegates. Intimidation of members must not be allowed to happen.
To purport to do so is to violate the FKF Constitution itself and make a mockery of the universal values of football. Therefore, our stand remains, that Hussein Mohammed will represent Murang’a Seal at the forthcoming FKF AGM.