FREQUENTLY ASKED QUESTIONS
KENYAN PREMIER LEAGUE LTD (KPL)
1. What is KPL?
The KPL is a private company limited by shares which was incorporated on October 31, 2003 under the Companies Act: Chapter 486 of the Laws of Kenya. On November 8, 2004 it was agreed by the representatives of the clubs, KFF, CAF and FIFA to change the name of KPL to "KFF Premier League Ltd" in recognition of the overall authority of the KFF.
2. Who owns KPL?
The KPL is a democratic partnership among the KFF member clubs participating in the KFF Premier League in which all clubs have equal shares and an equal vote on the KPL Board of Directors and other KPL committees. Each club has 20 KPL shares at Ksh 100 each for a total cost of Ksh 2,000. The KFF is also a KPL shareholder and a voting member of the KPL Board of Directors.
3. What happens when a KPL club is relegated?
Under the KPL Memorandum and Articles of Association, KPL shares cannot be transferred "to any person not already a member of the company" without "the previous sanction of a majority of the Directors". A club which is relegated "must transfer its shares back to the company" which "may then transfer those shares to the new member club".
4. What about the KPL coaches, players and referees?
The KPL clubs are committed to full transparency and accountability concerning the key stakeholders in football. The Kenyan Football Coaches Association (KEFOCA) and Kenyan Football Referees Association (KEFORA) are already KPL Associate Members. The KPL is also committed to helping players set up their own national association this year which will then also become a KPL Associate Member with the right to attend all KPL meetings.
5. Is KPL unique?
No. The Premier Leagues in many of the most successful football nations have been owned and managed by the participating clubs for a decade or more. For example, the top clubs have owned and managed the English Premier League since 1992 and the South African Premier League since 1996.
6. Why do we need the KPL?
In the last two years seven top clubs collapsed while KFF stood on the sidelines. The KPL is an attempt to save our remaining clubs from collapse by modernizing and professionalizing Kenyan football. For example, in the last five seasons money has only flowed from clubs to KFF with no annual awards from KFF for the winning clubs or top coaches, players and referees. Today the total annual budget for most of our top clubs is still only Ksh 5 to 7 million. In South Africa last year each Premier League club received a grant from their company of over Ksh 47 million and competed for cash awards of over Ksh 310 million.
7. How is the KPL governed?
As a democratic partnership the KPL clubs each have equal votes in all KPL policy and decision-making bodies. The key KPL bodies are the KPL Board of Directors which meets bi-annually and the KPL Senior Management Committee which meets twice a month. The implementation of their decisions are supervised by the KPL National Executive Committee which consists of the four highest ranked clubs in the previous season plus four other clubs appointed by the members. Although there is a procedure for voting, all KPL decisions have so far been agreed by consensus.
8. Who are members of the KPL executive?
To avoid the politics and wrangles that crippled KFF, there are no elections in KPL as the top four executive positions are earned on the field of play. The KPL Chairman is the Chairman of the club which won the previous Premier League (Ulinzi Stars) and the three Vice Chairmen are the Chairmen of the next three highest ranked clubs (Tusker, Mumias and Mathare United). The KPL National Executive Committee consists of the KPL Chairman and three Vice Chairmen plus the Chairmen of four other clubs appointed by members (AFC Leopards, Coast Stars, KCB and Shabana). The KPL Managing Director is appointed by the members and is a non-voting member of the KPL Board and committees.
9. What are the main KPL objectives?
The main KPL objectives are (a) to promote and facilitate cooperation among football clubs and other relevant associations for the improvement of Kenyan football; (b) to ensure proper management and fairplay in Kenyan football competitions; (c) to ensure the fair and firm application of all relevant FIFA, CAF and Kenyan Football Rules and Regulations; (d) to promote and undertake other measures for the development and improvement of Kenyan football; and (e) to carry on joint activities and projects for the mutual benefit of its member clubs.
10. Is KPL transparent and accountable?
The KPL accounting records are open for inspection at any time by the representatives of clubs, sponsors, coaches, players and referees. An updated KPL financial statement will be published during the first week of every month during the 2005/06 season. An annual KPL audit report will be published within 60 days after the end of the financial year. All KPL financial and other records are treated as public documents unless specifically designated as confidential by the Board (e.g. assessments of referees by Match Commissioners).
11. Does KPL have other partners?
Previous KPL partners included donor agencies and companies that had not previously invested in football. Donor agencies included the Stromme Foundation (Norway), the Royal Netherlands Embassy, German Development Cooperation (GTZ), British High Commission, Canadian High Commission and Transparency International-Kenya. Earlier corporate partners included the Expo Camera Centre Ltd, Kandanda Ltd, Kapa Oils Ltd, K. D. Wire Ltd, Kenya Commercial Bank, Minto Trade Ltd, 3mice Interactive Media Ltd, Safaricom Ltd, Sher Agencies Ltd, Sports Station Ltd, Sportswise Management Ltd, Tequila Kenya Ltd, Textbook Centre Sports Ltd and XXCEL Africa Ltd. Other companies expressed serious interest in becoming KPL partners but have been discouraged by the escalating differences and wrangles in and with KFF but new discussions with them will soon resume.
12. Is KPL in the KFF Constitution?
Yes … and no. The clubs, KFF, Sports Ministry and FIFA representatives all approved a KPL text to be included in the new KFF Constitution. But some KFF officials then conspired and left it out. On December 9, 2004 the Sports Minister chaired a constitutional review meeting attended by the Commissioner of Sports, the KFF Normalisation Committee Chairman, Secretary and members and representatives of the Kenya National Sports Council and FIFA. The meeting approved over 60 amendments for the new KFF Constitution, including the following KPL text: "The Kenyan Premier League shall be owned and managed by the KFF Premier League Limited (KPL), a legally registered private company in which the participating clubs must have equal shares and votes. The KFF shall also be a shareholder and the KFF National Chairman shall be a voting member of the KPL Board of Directors." The KPL text was the only amendment "omitted" in the draft presented to the KFF General Meeting the next day. After that meeting the KFF Normalisation Committee Vice Chair and Secretary both promised the FIFA representative that a KPL text would be included in the draft to be presented for approval by FIFA and the Registrar of Societies. They did not do so. But that does not stop KPL from operating lawfully. For example, the KFF Normalisation Committee was actually in charge of Kenyan football for six months last year yet it was not in the KFF Constitution but was recognized by FIFA.
13. Is the other company limited by guarantee in the KFF Constitution?
The company limited by guarantee is not in the KFF Constitution although some KFF officials falsely claimed that it was. There is a reference to a company limited by guarantee in an annex to the KFF Constitution. But that annex was never presented to and approved by the KFF General Meeting on December 10, 2004 and has never been approved by FIFA.
14. Can there be a Premier League other than KPL?
The FIFA letter to KFF on May 20, 2005 clearly states that "all other initiatives organized without the KFF Chairman's agreement and beyond the above mentioned decisions on the KFF PL would be considered as breakaway tournaments which would bring back Kenyan football to the difficult years of the recent past".
15. What are the respective responsibilities of KFF and KPL?
The FIFA letter to KFF on June 2, 2005 states that the "competences of the 'umbrella' federation" includes "refereeing, fight against doping, disciplinary, etc" while the "competences of the league by delegation of the clubs" includes "definition of the format of the competition with playoffs, promotion/relegation, the organization of the fixtures calendar, etc" while the "competences of the clubs" include the "marketing and TV rights which belong to them". To promote cooperation and coordination, there is also a KFF/KPL Joint Coordination Committee chaired by KFF with the KPL Chairman as the Vice Chairman plus four representatives from both KFF and KPL (Coast Stars, Mathare, Mumias and Shabana).
16. What is the relationship between KFF and KPL?
The KFF and KPL are represented on each other's top policy and decision-making bodies. For example, the KFF is a KPL shareholder and a voting member of the KPL Board of Directors and the KFF Chairman and Secretary General have both actively participated in recent KPL meetings. The KFF National Executive Committee includes the KPL Chairman (Ulinzi Stars Chairman) as the KFF Second Vice Chairman plus another KPL club representative (Shabana Chairman). The KPL also has five voting members for KFF General Meetings (the Chairmen of AFC Leopards, Coast Stars, KCB, Mathare United and Tusker).
17. Why is KPL still using its old name?
On May 30, 2005 the Registrar of Companies approved for reservation the KPL change of name to "KFF Premier League Ltd" and KPL paid the fee the next day. But the Registrar did not issue the official "Change of Name Certificate" because two days later a member of the KFF National Executive Committee acted in violation of Article 33:1 of the KFF Constitution and registered his own private company limited by guarantee using a similar name with himself as one of only two Directors and himself as the company Secretary. Following the decisions made on June 25th by the clubs and the KFF National Executive Committee, on June 28th FIFA directed the KFF to make "contact with the Registrar's Office to de-register the KFF PL Ltd by guarantee and register the KFF PL by shares". FIFA repeated that directive to KFF on July 21st. But some members of the KFF National Executive Committee defied those FIFA directives and have refused to de-register the other company.
18. Can KPL lawfully act under its present name?
Yes. The change of name is only a desirable formality which was agreed by clubs to recognize the overall authority of KFF. It is therefore hard to understand why a few KFF officials are trying to block that name change. But KPL can operate lawfully under its present name as long as it continues to respect its own Memorandum and Articles of Association and continues to act in compliance with the Companies Acts and other Laws of Kenya.
19. Does KPL have a larger vision for Kenyan football?
The KPL clubs are committed to contributing to national development through new inter-club cooperation and projects on key national issues such as alcohol and drug abuse, AIDS prevention, environmental improvement and community development. KPL clubs are also committed to promoting national unity through support to our national teams and other special events and will apply a joint 'zero tolerance' policy against corruption, hooliganism, tribalism and racism and any other form of discrimination on the basis of religion, gender or disability.
20. What are the next steps for KPL?
The next two most important and practical steps for KPL are to kick off the 2005/06 Premier League as scheduled on August 27th and to support the Harambee Stars for their remaining three qualification matches in September/October for the 2006 African Cup of Nations.
Contact
Jack Oguda, KPL Managing Director
Box 5350, 00506 Nairobi
Mobile 254-722-741411