EXCLUSIVE: FKF President Nick Mwendwa eyes controversial third term in office

Having already served for the mandatory two terms in office, Mwendwa is ineligible to contest again as per the FKF constitution but he has exclusively told Flashscore that his name will be on the ballot for the upcoming exercise seeking for a third term.

"I will defend my seat," Mwendwa told Flashscore when asked if he would be running again but could not divulge what laws will allow him to be on the ballot. "In fact, I will present my nomination papers (for contesting) to the FKF Electoral Board on Monday, October 14th."

Mwendwa was elected as the President of FKF on February 10th, 2016 in his first stab at the top seat after garnering 50 out of the possible 77 votes at Kasarani Gymnasium to take over the reins from Sam Nyamweya, who had served one term of office.

In regards to football elections in Kenya, Mwendwa became the 14th elected football boss since Independence. He retained his seat in the next election held on October 17th, 2020 after polling 77 of the possible 85 votes.

In being FKF President, he has had to deal with critics, who have always pointed out a conflict of interest as he always maintained an association with his club Kariobangi Sharks.

In September 2018, Mwendwa threw his hat in the ring for a FIFA Council seat alongside four other candidates from the Confederation of African Football countries. He later stepped down due to what he termed was influenced by “politics on the floor.”

Days after his re-election in October 2020, Mwendwa yet again declared interest in vying for the same seat but once again backed down prior to the election held in March 2022.

Last Friday, Kakamega Homeboyz chairman Cleophas Shimanyula entered the race for the top seat taking the number of aspirants including Mwendwa to nine.

Others include FKF Premier League outfit Gor Mahia CEO Sammy Ocholla, Extreme Sports CEO Hussein Mohammed, former FKF President Sam Nyamweya, former international Sammy ‘Kempes’ Owino, former KPL CEO Jack Oguda, former FKF CEO Omondi Aduda, and former FKF Nyanza NEC member Tom Alila.

Mwendwa free to vie for any other position besides presidency

Immediately after Mwendwa made the pronouncement, Flashscore reached out to former Gor Mahia CEO Aduda, who is also a presidential candidate, and he shed light on why Mwendwa was ineligible to vie again.

"FKF as a Sports organisation is registered under the Sports Act and hence must ensure compliance by all its members. The Act is explicit on the term of office, the elected officials can serve specifically not more than two terms of 4 (four) years each, and he has served that," Aduda exclusively explained to Flashscore.

"The pretence that the FKF Constitution allows him is untenable reasoning. The Act came into force in 2013, all existing sports bodies prior to this date previously registered under the Societies Act, were given 1 (one) year to transit to Sports Act."

Aduda continued: "He (Mwendwa) was elected into office in 2016 and proceeded to amend the constitution in 2017, there is no way that the purported commencement date of the amendments would start counting from 2020 as being the first term."

Aduda advised Mwendwa to vie for another seat but not the presidential one. "What was he doing from 2016 to 2020 at FKF? He is free to vie for any other position in FKF but not the presidency. The FKF Constitution is not supreme to the Sports Act," Aduda concluded.

Former Harambee Stars player Elijah Onsika, who is eyeing a top seat in FKF office, Kisii County, echoed Aduda's sentiments by saying: "Mwendwa is not supposed to vie, and not only Mwendwa but even members of the National Executive Committee (NEC), who have already served two terms should not be allowed to contest, the law is very clear unless they want to bend the same to suit their ego."

FKF Appeals Board to begin work on Monday

The FKF Electoral Board has confirmed receiving several complaints on names of delegates and clubs registered to participate in the eagerly awaited exercise and further promised to work round the clock to handle the complaints that have arisen.

The Board further confirmed that the FKF Appeals Board chaired by Janet Katisya will begin to listen to the lodged appeals on Monday, October 7th, after the Electoral Board completes hearing petitions over the clubs' register and delegates list.

A statement signed by the Board’s chairman Hesbon Owilla and seen by Flashscore confirmed: “Contrary to reports on social media and statements from different stakeholders, alleging that the board has been turning petitioners, the Board wishes to categorically state that it has conducted physical hearings and handled all queries arising.

“As at this point all the submissions and petitions have been investigated, handled and decisions anchored on robust evidence made and shared with the relevant petitioners. As per the Electoral Code, an opportunity for further redress following the disputes hearing process will also be availed at the Appeals Board level from 7th October 2024.”

Three days ago, presidential aspirants led by Hussein Mohamed, Sammy Owino ‘Kempes’, former FKF president Sam Nyamweya, ex-Harambee Stars midfielder MacDonald Mariga, and Kenyan Premier League CEO Jack Oguda, raised deep concerns over the alleged electoral malpractices ahead of the polls. The aspirants said they wanted the polls conducted in a manner that upholds the core values of a free, fair and all-inclusive election, overseen by an independent body.

However, according to Owilla, the FKF Standing Appeals Board Chaired by Katisya is on standby to further resolve any disputes. “FKF members can submit their disputes to the Appeals Board through the email appeals@eb.footballkenya.org and make payments as stipulated in the FKF Electoral Code,” added the statement.

On the complaints raised in regards to clubs and delegates register, Owilla said: “The names of delegates as well clubs are generated from the Branch level and returns shared with FKF. The board’s role is to compile and where anomalies arise ask for clarification and relevant documents.

“This is a fairly iterative process involving both the branch officials, the FKF Secretariat and the Board have had to work round the clock to handle the complaints that have arisen.”

He added: “The anomalies according to our investigations have been occasioned by the overwhelming numbers that branches have had to deal with following the expansion of eligibility criteria of clubs given that the revised code revises the eligibility to two consecutive seasons of the last five years. The FKF Electoral board has had to work extremely hard over the last two days to update and resolve these complaints as they were received.”

Owilla defended the decision to have the Electoral Board operate from Kandanda House, which houses FKF offices, saying the position was ratified at the Special General Meeting (SGM) and was, therefore, binding.

“Concerns have been raised about the Electoral Board operating from Kandanda House. Under the FKF Electoral Code Section 3 1(g) the headquarters of the Electoral Board shall be the same as those of FKF unless the board itself decides otherwise. This position was also ratified at the SGM held on 24th August 2024,” explained Owilla.

The Board chair reiterated their commitment to oversee a free and fair exercise by saying: “The FKF Elections Board is committed to overseeing free, fair, transparent, credible and verifiable elections and we count on all the stakeholders to help us make this happen. Our core mandate is to ensure that the upcoming elections strengthen football and pave way for its continued growth and development.”

The national elections will be held on December 7th, while County elections will be conducted on November 9th and 10th, 2024 respectively. Verification of candidates to contest for various seats will be held on November 15th and 18th while publication of the names will be done on November 19th.

The hearing of any disputes arising from the process have been set for between November 24th to 26th.