PRESS RELEASE

FIFA TRIES TO STOP CORRUPTION CRACKDOWN IN KENYA

Nairobi, June 16 - FIFA is rightly concerned about excessive "government interference" in football. But in recently banning Kenya, FIFA acted in such an arbitrary and unfair way that it raises serious concerns about "FIFA interference in good governance" as well as FIFA's commitment to fairplay and its own Code of Conduct against corruption.

On June 2nd FIFA banned Kenya and its national team from the 2006 World Cup qualifying matches. That ban was based on a 5-page report by FIFA delegate Dr. Joseph Mifsud (Malta) who arrived in Kenya on the Easter Good Friday morning (April 9th), stayed for only two days, made no prior appointment to meet Kenyan Sports Minister Najib Balala and met only the former officials of the Kenya Football Federation (KFF) while refusing to meet the representatives of top Kenyan clubs, coaches, players and referees.

Dr. Mifsud was given but ignored the over 30 joint appeals and letters on KFF mismanagement and corruption sent during the last four years by top Kenyan clubs and referees to the KFF, CAF and FIFA. That included their repeated requests to FIFA since February 2001 to conduct an independent investigation.. FIFA ignored their appeals for help. Dr. Mifsud also received a list of the over 150 editorials on KFF mismanagement and corruption during the last three years in the four top Kenyan national newspapers with copies of over 50 of them. In his report he dismissed those editorials by falsely claiming that KFF officials could only get favourable coverage by bribing the editors.

The predictable result was that Dr. Mifsud's report to FIFA was completely one-sided and full of serious errors and misinformation. In concluding that "it appears that the Kenya FF Executive Committee is acting within its powers and doing things in a legal and transparent manner", Dr. Mifsud ignored or misrepresented the facts provided earlier to FIFA that the former KFF officials:

- committed over 20 violations of 12 of the 21 Articles in the KFF Constitution in the last four years;

- failed to circulate the KFF audited accounts for the last four years as required in Article XV of the KFF Constitution;

- refused repeatedly since February 2001 the rights of the KFF member clubs to inspect the KFF accounts as stipulated in Article XIV of the KFF Constitution;

- failed to act on the evidence of financial mismanagement and corruption presented in their own "KFF Probe Report" in November 2001;

- knowingly recruited and fielded overage players on the Kenyan national U17 team in violation of the KFF, CAF and FIFA rules as well as Kenyan laws against passport fraud;

- failed to pay their accumulated tax debts which led to the blocking of the KFF accounts in 2003 by the independent Kenyan Revenue Authority;

- misappropriated the FIFA Financial Assistance Funds (FAP), submitted false expenditure claims to FIFA and cited as their auditors an unregistered company;

- failed to hold proper elections before their 4-year term of office expired on March 24, 2004 under Article V of the KFF Constitution.

For over three years FIFA ignored the evidence in the many joint appeals for help from top Kenyan clubs. When KFF officials caused a vacuum in football management by failing to hold proper elections before their term expired in March, the Kenyan Sports Minister immediately appointed a Stakeholders Transitional Committee (STC) to review the KFF Constitution and conduct proper elections within three months. The STC consists entirely of the legitimate representatives of top Kenyan clubs, coaches, players and referees. Although the Kenyan Commissioner of Sport is a member, to avoid any charges of undue government influence or interference he is not a voting member.

The legal situation evolved as follows:

-  On April 8th in a court case instituted by KFF Coast Branch officials, the Kenyan High Court in Mombasa confirmed that the former KFF officials "have no capacity as per the governing KFF constitution to run its elections or do anything because their time in office has expired" and they "cannot do anything valid and lawful as regards running the affairs of KFF".

-  On May 12th the Registrar General of Kenya confirmed that the STC "has now been registered as the interim official body" for the KFF.

-  On June 10th in a case instituted by KFF national officials, the Kenyan High Court in Nairobi also confirmed that the appointment of the STC after the term of the former KFF officials expired was in accordance with Kenyan law.

In spite of the first High Court decision and the official registration of the STC, FIFA continued to threaten Kenya with a ban unless the Kenyan government ignored its own laws and acted in contempt of its own courts by reinstating the former KFF officials. Although no longer in office, the former KFF officials were even invited and attended the FIFA Centennial Congress in Paris in late May.

FIFA's actions raise serious issues of international law. Should an international NGO based in Zurich and operating under Swiss law be allowed to threaten and intimidate a sovereign State for trying to fight corruption by applying its laws equally to all its citizens? Should FIFA be allowed to support and protect corrupt football officials who repeatedly violated their own KFF Constitution, the FIFA rules against overage players and the tax and criminal laws of their own country?  

FIFA's actions also raise serious questions about its commitment to its own 10-point FIFA Code of Conduct, especially the final four principles which state:
7.  Reject corruption, drugs, racism, violence and other dangers to our sport.
8.  Help others to resist corrupting pressures.
9.  Denounce those who attempt to discredit our sport.
10. Honour those who defend football’s good reputation.”

The procedure used by FIFA President Blatter also raises serious questions. Such a serious issue as banning a country should be decided by the FIFA Congress. The FIFA Centennial Congress in Paris on May 20-21 even included "Suspension and/or expulsion of members" as Item 10 of the agenda. However, FIFA President Blatter waited until six days after that Congress before writing on May 27th to the FIFA Emergency Committee to propose that Kenya "be suspended and its national and club teams be barred from all international competitions".

The 2-page letter by the FIFA President contains many serious factual errors, including the following:

-  "In July 2003 … the Minister blocked KFF's bank accounts". The KFF accounts were not blocked by the Minister but by the independent Kenya Revenue Authority because KFF officials failed to pay their accumulated tax arrears.

-  "[the Minister] then blocked all of them [the elections] … Mr. Balala did everything in his power to obstruct the elections". The Minister had no role in stopping the KFF elections. On the contrary, it was KFF Coast Branch officials who successfully lodged a case in the High Court in Mombasa to stop the KFF national officials from holding elections after their term of office expired.

-  "only to dissolve the association on 25 March … under the pretext that the KFF officials mandates had expired!". The Minister did not dissolve the KFF. He did not need to. The 4-year term of the former KFF officials expired on March 24, 2004 under Article V of the KFF Constitution.

-  "The Minister has installed the so-called Stakeholders Transitional Committee (STC) in the KFF offices." The STC never occupied the KFF offices. The STC offices are above the Gate 11 entrance to the Nyayo National Stadium.

-  "… the Minister seized the means of communication from the legitimate officials and even attempted to prevent them from attending the Congress in Paris." Neither the Minister nor STC had access to the KFF mailbox until after that Congress. As to other "means of communication", the only KFF fax machine was illegally taken by the former KFF Secretary General to his private residence.

-  "Violation of the FIFA Statutes, especially Article 17 …". The reference is wrong and likely refers to Article 7. Moreover, there was no violation of Article 7:3 as the KFF executive committee was not suspended by an outside body. Their term of office had expired.

-  "Violation of the FIFA Statutes, especially … Article 61". Again the reference is wrong and likely refers to Article 59. However, if this Article has been violated then it is only by KFF officials as both court cases were initiated by KFF officials and not by the Kenyan government.

-  "A refusal to listen to FIFA's advice and warnings …". FIFA largely issued only warnings through the media without giving any constructive help or advice. The real problem is the lack of respect by KFF and FIFA for the Kenyan government, judiciary and media plus the repeated refusals by FIFA to give any serious consideration for over three years to the evidence and legitimate concerns on KFF mismanagement and corruption submitted by the top Kenyan clubs, coaches, players and referees.

In sum, the banned Kenyan players did nothing wrong. Neither did the Kenyan clubs, coaches, referees or government. The only wrongdoing was by former KFF officials who embezzled KFF and FIFA funds, who exploited their own KFF member clubs, who repeatedly ignored and violated their own KFF Constitution and who broke the FIFA rules as well as the laws of their country.

FIFA has sadly been part of the problem by ignoring for so long the many joint appeals and evidence from the top Kenyan clubs and instead supporting corrupt KFF officials who seriously misinformed and misled FIFA and its delegate, Dr. Mifsud. FIFA then took the wrong action for the wrong reasons by banning Kenya because the government refused to stop its crackdown on corruption and to ignore its own laws and act in contempt of its own courts by giving in to the arbitrary and unfair FIFA demand to reinstate the former KFF officials who it is investigating and will soon prosecute for gross misuse of KFF and FIFA funds.

FIFA should now become part of the solution by immediately lifting the unjustified ban on Kenya, readmitting the Kenyan national team to the 2006 World Cup qualifying rounds, support the Kenyan government and top clubs, coaches players and referees in their crackdown on corruption in Kenyan football and take severe disciplinary action against the former KFF officials who misused FIFA funds and so seriously misinformed, misled and embarrassed FIFA on this case.

Documents available on request by fax
§1. Annotated list of the over 20 violations of 12 of the 21 Articles of the KFF Constitution committed during 2000-04 by the former KFF officials (3 pages).
§2. Annotated list of the of the over 30 letters and joint appeals signed by top Kenyan clubs to the KFF, CAF and FIFA during 2000-2004 on KFF mismanagement and corruption (2 pages).
§3.  List of the over 150 editorials in the four Kenyan national newspapers during 2001-04 on KFF mismanagement and corruption (2 pages).
§4. Decision on April 8th of the High Court of Kenya at Mombasa confirming that the term of office of the former KFF officials ended on March 24th (10 pages).
§5.  Report to FIFA on April 14th by Dr. Joseph Mifsud on his mission to Kenya on April 9-10th (6 pages).
§6. Letters dated April 12th, 16th and 29th from the Stakeholders Transitional Committee (STC) to FIFA President Blatter providing evidence on how the former KFF officials broke the FIFA regulations for the FIFA Financial Assistance Programme (FAP), misused the FIFA funds and cited an unregistered company as their auditors (6 pages).
§7.  List of members of the Stakeholders Transitional Committee (STC) appointed on March 25, 2004.
§8.  Letter dated May 12th from the Registrar-General confirming that under the Societies Act of Kenya the Stakeholders Transitional Committee is the "interim official body" for the KFF (1 page).
§9. Letter dated May 27th from FIFA President Blatter to the members of the FIFA Emergency Committee "suggesting" the ban on Kenya and its national team (2 pages).
§10. Letter dated May 28th from FIFA General Secretary Linsi to Kenyan Secretary to Cabinet Francis Muthaura conveying the Dr. Mifsud's report to FIFA (1 page).
§11.  Letter dated May 30, 2004 from Kenyan Sports Minister Najib Balala to FIFA President Blatter with comments on the many errors in Dr. Mifsud's report to FIFA (5 pages).
§12.  Comments on the over 10 factual errors in FIFA President Blatter's letter of May 27th to the members of the FIFA Emergency Committee (2 pages).
§13.  Letter dated June 2nd from FIFA General Secretary Linsi to former KFF Chairman Maina Kariuki announcing the suspension of the Kenyan national teams and clubs from international competitions (1 page).
§14.  Letter dated June 4th from FIFA General Secretary Linsi to Kenyan Secretary to Cabinet Francis Muthaura expressing "concern" and "dismay" about former KFF officials being taken into custody (1 page)

Reports available in Nairobi (or by pre-paid air courier)
§15.  Copies of the over 30 letters and joint appeals by top Kenyan clubs to the KFF, CAF and FIFA during 2000-2004 on KFF mismanagement and corruption, including the several appeals to FIFA since February 2001 asking FIFA to conduct an independent investigation (91 pages).
§16. Copies of 50 of the over 150 editorials in the four Kenyan national newspapers during 2001-04 on KFF mismanagement and corruption (59 pages).

FOR STC
R. D. Munro
Vice Chairman, Stakeholders Transitional Committee (STC)
Chairman, Mathare United FC
Chairman, Board of Trustees, Mathare Youth Sports Association (MYSA)
Tel+Fax 254-20-583055
Mobile 254-722-878787