Kenyan football back to square one

In ending the Sh38 million theft case against Nick Mwendwa, the court effectively cleared him to resume his duties as Football Kenya Federation president.

Mwendwa has been out of local football management since November 11, 2021, when then Sports Cabinet Secretary Amina Mohamed disbanded the federation and formed FKF Caretaker Committee to run the game.

This was after a probe on the federation’s affairs by the Sports Registrar revealed alleged misappropriation of funds, and abuse of office.

Mwendwa was later arrested, and charged on November 30, 2021 with four counts of fraud.
Since then, the FKF boss has been fighting to clear his name in court. On Wednesday, Kiambu Senior Principal Magistrate Wilson Rading, who has since been transferred to Naivasha, ruled that the case against Mwendwa was defective, unlawful, unconstitutional, and an abuse of the court process.

Mwendwa, who read witch-hunt in Amina’s decision to oust him from office, is yet to publicly comment on the ruling.

The federation remains mum on whether or not Mwendwa, who stepped down as FKF president on November 31, 2021, will return to the top seat.

But was his prosecution a witch-hunt or a genuine quest by the Sports Ministry to ensure financial accountability in Kenyan football?

The probe by the Sports Registrar, which was led by Mike Kimoko, concluded that FKF officials disregarded the law in running the organisation.

These included areas of public funds, hiring and firing of employees, and conduct of public officers.

Mwendwa, 44, had at the time served one year of his four-year second term.

The probe report talked about unauthorized money withdrawals from the FKF bank accounts, and transfer to Mwendwa’s private accounts.

The probe report also indicated that the federation could not satisfactorily account for more than Sh513 million that the government had granted to the football body.

The question of the Outside Broadcast (OB) van that FKF was to acquire to use for doing own production of league matches after broadcast rights holders SuperSport left, still lingers.

After taking over from Sam Nyamweya on February 10, 2016, Mwendwa embarked on an ambitious project to purchase a Multi-Purpose Unit Outside Broadcast van for production of local football content. FKF paid WTS Media Group Limited Sh125 million for the van but the British-based company went under in April 2019 before delivering the van.

In November of the same year, questions were raised over how the Sh244 million government grant to the federation meant for preparing Harambee Stars for the 2019 Africa Cup of Nations in Egypt was used.

The federation’s books show that some Sh106 million was paid to OneGoal Pro agency to prepare Stars camp in France. Interestingly, OneGoalPro is owned by Joe Kamga, who doubled up as the agent of Sebastien Migne, coach of Harambee Stars at the time. Dozens of FKF staff travelled to Egypt for 2019 Afcon on hefty allowances, including Mwendwa who paid himself Sh50,000 daily.

In July 2021, Mwendwa again baffled many when he said that the new 24-carat gold trophy for the FKF-PL, which had attracted little enthusiasm from the football fraternity, cost slightly over Sh5 million. When pressed to reveal the exact price of the trophy that was made in Dubai, he said journalists were asking about “trivial things”.

It was crafted by Crystal Arc, a Dubai-based trophy manufacturer, and depicts a Maasai hoisting a football, while standing on the base of Kenya’s Big Five – a lion, leopard, rhino, elephant and buffalo. 

The FKF Caretaker Committee, which was later renamed the FKF Transition Committee did not recognise the trophy, and opted to buy a new one to award to the 2021/22 league winners.

In December 12, 2020, leading media houses namely Nation Media Group, Standard Media Group and Radio Africa Group withdrew their coverage of all FKF-related activities after the federation instructed police to bar some of their journalists from covering a league match between Gor Mahia and Ulinzi Stars at Nyayo National Stadium.

The ban lasted 32 days and was only lifted after the two sides reached a truce.

It is a no-brainer that Mwendwa will officially resume his role as president sooner rather than later.

On September 20 last year, he unilaterally led other officials of the federation in reinstating themselves into office at Kandanda House.

Despite transferring power to his deputy Doris Petra in 2021 in order to concentrate in clearing his name in court, and later reaching a deal with Sports CS Ababu Namwamba that he will keep off FKF matters until there were no legal impediments, Mwendwa has remained actively involved in matters of the federation, albeit behind the scenes.

Some of the major tasks that awaits Mwendwa should he return to the helm of Kenyan football that is in the doldrums are searching for a broadcast partner, and league naming rights holder.

Kenyan football is struggling because of lack of money, with majority of clubs barely surviving. Stadium attendance is also laughably pitiable for the most popular sport in the world.

The relationship between local clubs and the federation has for long been adversarial Nigerian betting firm Betking terminated it’s five-year, Sh1.2 billion sponsorship of the FKF-PL and Sh100m sponsorship of FKF Division One League on August 6, 2021. 

The huge bill had been quietly announced by the federation and its leadership on their media handles on July 20, 2020. Each club in the top-tier league was to receive Sh8 million per season. Each Division One League club was entitled to at least Sh500, 000 in annual grant.

Broadcast firm StarTimes terminated its seven-year deal worth Sh110 million annually with FKF barely a year into it.

The Chinese-owned company announced the development in September 25, 2021,saying the federation had poorly executed their agreement.

The deal had been vehemently opposed by four clubs namely Gor Mahia, Ulinzi Stars, Mathare United and Zoo FC who questioned its legality and opaqueness.

As a result, it created animosity between the clubs’ officials and FKF.

The federation suspended Mathare United and Zoo from the league for refusing to endorse the broadcast deal but the Sports Disputes Tribunal reversed the decision. The federation also suspended Gor Mahia chairman Ambrose Rachier and his AFC Leopards counterpart Dan Shikanda after their clubs boycotted the ‘Mashemeji derby’ on July 31, 2021.

The two clubs, the most followed and supported in the country, were docked three points each and fined a total of Sh10 million.

While stopping the DPP from charging Mwendwa again, Rading directed the FKF supremo to embark in nurturing local footballers to become the next Lionel Messis and Kylian Mbappes. 

Mwendwa’s persecution

• Oct 15, 2021: Former Sports CS Amina Mohamed orders FKF inspection by the Sports Registrar.
• Nov 11, 2021: The probe reveals alleged misuse of funds, Amina appoints Caretaker Committee. 
• Nov 12, 2021; DCI officers arrest the embattled FKF president Nick Mwendwa.
• Nov 15, 2021: Mwendwa is released on a Sh7million bond or a cash bail of Sh4 million. He is barred from accessing FKF offices pending a bond ruling.
• Nov 25, 2021: Court frees Mwendwa after the government drops charges against him.
• Nov 26, 2021: Mwendwa is re-arrested.
• Nov 29, 2021: Mwendwa is charged with four counts of graft involving Sh38 millio, he denies the charges and is released on a cash bail of Sh15 million
• Feb 24, 2022: Fifa suspends Kenya.
• Mar 31, 2022: Fifa ratifies Kenya’s suspension during a congress meeting in Qatar. 
• May 11, 2022: The Caretaker Committee’s six-month term lapses, CS Amina replaces it with a Transition Committee
• Jul 6, 2022: Milimani Anti-Corruption Court Chief Magistrate Eunice Nyuttu dismissed the Sh38 million graft case, but DPP files a fresh case before the Kiambu Court arguing he has fresh evidence.
• Jul 21, 2022: High Court temporarily stops the DPP from charging Mwendwa afresh.
• Sep 20, 2022: Mwendwa leads other FKF officials in reinstating themselves into office.
• Oct 16, 2022. The term of the Transition Committee expires.
• Oct 28, 2022 : Namwamba takes over from Amina as Sports CS.
• Nov 4, 2022: CS Namwamba reinstate into office the disbanded FKF, announces that Mwendwa will not be in charge because of his ongoing court case; FKF vice president Doris Petra and secretary Barry Otieno are handed the mantle.
• Nov 28, 2022: Fifa lifts suspension on Kenya.
• Mar 29, 2023 : Kiambu Senior Principal Magistrate Wilson Rading quashes attempts by the DPP to charge Mwendwa afresh, says the fresh charges were defective, unlawful, unconstitutional, and an abuse of court process.    BY DAILY NATION