Kempes Challenges FKF Electoral Code at CAS, Threatening to Delay Key Football Events

Football Kenya Federation (FKF) presidential aspirant Sammy ‘Kempes’ Owino has taken a dramatic step by filing a petition against the FKF Electoral Code, questioning its suitability for ensuring a fair and transparent election process. The case, filed on September 3, at the Court for Arbitration for Sport (CAS) in Switzerland, could have significant implications for Kenyan football’s upcoming crucial events.

The FKF General Assembly had approved the revised Electoral Code during a Special General Meeting (SGM) on August 24. This updated version of the 2020 Code aimed to address several issues raised by members and improve the election process. However, Kempes, a former Harambee Stars and Gor Mahia player who now resides in the United States as a software engineer, contends that the revised Code still falls short.

In a media briefing on September 7 at a Nairobi hotel, Kempes expressed his dissatisfaction with the Electoral Code, asserting that it fails to meet the necessary standards for conducting free and fair elections. According to Kempes, the Code’s shortcomings could prevent qualified individuals and clubs from participating in the electoral process and lead to ongoing legal disputes.

“The federation has and continues to be faced with legal challenges. The only sensible path forward to help the state of football for now is through a Normalisation Committee by FIFA. These challenges are inevitable in view of current situation regardless of who wins the upcoming elections,” Kempes stated, highlighting his concern about the broader implications of the Code.

Kempes also raised specific issues with the General Assembly’s decisions, arguing that the Electoral Code does not adequately address critical election-related concerns. He emphasized that despite changes made to the Code, it still has flaws that could hinder a fair electoral process.

One notable requirement of the Code is that candidates for the FKF presidency must have been actively involved in football for at least two years prior to the elections, in roles such as player, coach, referee, or club official. Kempes, who is currently a US citizen, responded to concerns about his dual citizenship by noting that FKF presidency does not fall under the constitutional restrictions associated with dual citizenship, thus making it a non-issue.

The Electoral Code’s credibility has also been questioned by another aspirant, Hussein Mohammed. Despite his presence at the SGM that passed the Code, Mohammed has voiced concerns over its implementation and the need for a clear election roadmap. He expressed hope that the Electoral Board would ensure an inclusive election process, acknowledging the urgency of finalizing the electoral preparations given the upcoming expiry of the current office bearers’ tenure.

Kempes’s legal challenge could potentially delay the FKF elections, which comes at a critical time for Kenyan football. The country is gearing up for several significant events, including the FIFA World Cup for Under-17 Girls next month, the 2025 Africa Cup of Nations (AFCON) qualifiers, and the 2026 World Cup qualifiers. Additionally, Kenya is set to co-host the 2025 CHAN with Tanzania and Uganda, an event that requires a well-functioning FKF administration.

The ongoing legal battle underscores the challenges facing Kenyan football as it strives to navigate a complex landscape of governance and preparation for major tournaments. The outcome of Kempes’s challenge at CAS could have far-reaching consequences for the future of Kenyan football, influencing not only the election process but also the nation’s readiness for upcoming international competitions.

As Kenyan football fans await the resolution of this legal dispute, the focus remains on ensuring that the FKF’s leadership and administration are equipped to support the country’s ambitious footballing goals and upcoming events.