and accused Kenyan editors of asking for bribes

June 3 - The letter from FIFA President Blatter to the FIFA Emergency Committee contains many false allegations and factual errors. As such detailed information could only have been given by the former KFF officials, it is clear they provided seriously misleading and false information when lobbying FIFA to protect them and instead to suspend their own country and national team.

The KFF officials also accused the editorial writers of our main newspapers of asking for bribes. As stated in the report of FIFA representative Dr. Mifsud: "The majority of the written media are against the decisions of the Kenya F.F. It seems that some editors of the written media will be willing to write in favour of the Kenya F.F. if these are paid." (page 5).

The following examples show how former KFF officials misinformed and misled FIFA. The quotations are from the letter of the FIFA President followed by a summary of the actual facts.

1. FIFA Statement: "Their statutes were rewritten with the help of FIFA …" Facts: With financial support from the Ministry, KFF Stakeholder Symposia were held in May and August 2003 and a drafting group formed to revise the constitution. In early 2004 KFF officials ignored that revised constitution and instead prepared their own version. There is no evidence that FIFA experts helped them. The KFF version completely marginalized the member clubs, coaches, players and referees and was not approved by the Registrar of Societies.

2. FIFA Allegation: "In July 2003 … the Minister blocked KFF's bank accounts" Facts: 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.

3. FIFA Allegation: "… a public appeal was made for the dismissal of the KFF leadership" Facts: There were many such public appeals at the time. Those appeals for the dismissal of the KFF leaders were made by different stakeholders plus editorial writers in our main national newspapers.

4. FIFA Allegation: "A group of clubs were encouraged to break away and take part in a so-called Transparency Cup."  Facts: The Minister had no part in the split and even spoke against it. In a joint public statement signed by eleven top clubs and the national association of referees on their resignation as KFF members, they especially cited the embezzlement of KFF funds, the many broken agreements and violations of the KFF Constitution by KFF officials and their failure to circulate annual audit reports. Six of those clubs had already qualified for the Cup quarterfinals but were expelled by KFF. The eleven clubs then started their own Transparency Cup competition with the theme "Kick corruption out of sport".

5. FIFA Allegation: "[the Minister] then blocked all of them (the elections) … Mr. Balala did everything in his power to obstruct the elections"  Facts: The Minister had no role in stopping the KFF elections. On the contrary, it was actually the KFF officials in the KFF Coast Branch who successfully lodged a case in the High Court in Mombasa to stop the KFF from adopting their self-serving version of the KFF Constitution and holding new elections under it. Also, as in most countries our courts are independent of the government and a Minister has no power to ignore or change a court decision.

6. FIFA Allegation: "only to dissolve the association on 25 March … under the pretext that the KFF officials mandates had expired!" Facts: The Minister did not dissolve the KFF and did not need to. The KFF officials were elected on March 25, 2000. Article V of the KFF Constitution states that KFF office bearers "shall be elected to serve a period of four years". Their mandate therefore expired on March 24, 2004. The High Court in Mombasa legally confirmed this in its decision on April 8, 2004. FIFA has a copy of that decision.

7. FIFA Allegation: "The Minister has lodged several appeals to ordinary courts as a ploy to suspend systematically any legal decisions pronounced in favour of KFF, especially the decision authorising elections." Facts: FIFA has been blatantly misinformed and misled on this issue. If anyone has violated the FIFA Statutes it is the KFF as both court cases were initiated by KFF officials themselves.

8. FIFA Allegation: "The Minister has installed the so-called Stakeholders Transitional Committee (STC) in the KFF offices." Facts: This is not true. The STC never occupied the KFF offices. The STC offices are in Nyayo Stadium itself (above the Gate 11 entrance).

9. FIFA Allegation: "… the Minister seized the means of communication from the legitimate officials and even attempted to prevent them from attending the Congress in Paris." Facts: This is not true. Neither the Minister nor the STC secretariat had access to the KFF mailbox. The STC finally got legal access to the KFF mailbox only on May 25th (after the FIFA Congress). Moreover, the former KFF officials clearly got the FIFA invitation and air tickets and went to Paris. As to other "means of communication", the KFF fax machine was missing as former KFF Secretary General Swaleh illegally took it to his private residence.

10. FIFA Allegation: "Obvious interference by the Government in football matters." Facts: As confirmed by the High Court in Mombasa, it is clear from these comments that the legal mandate of the former KFF officials expired on March 24th and our government is blameless of any "interference" or violation of the FIFA Statutes. The only thing that is "obvious" is that former KFF officials blatantly misinformed and misled FIFA.

11. FIFA Allegation: "Violation of the FIFA Statutes, especially Article 17 …"  Facts: This reference is clearly wrong as Article 17 deals only with keeping minutes. The above statement most likely refers to Article 7. However, the FIFA Statutes do not provide any guidance on the unusual situation when elected officials fail to hold proper elections before their term of office expires, thereby creating a leadership vacuum which needs to be filled. On Article 7.3, again there was no violation as the executive committee was not suspended by an outside body.

12. FIFA Allegation: "Violation of the FIFA Statutes, especially … Article 61" Facts: Again this reference is clearly wrong and most 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.

13. FIFA Allegation: "Lack of respect for FIFA as several attempts to seek solutions to the real problems of local football with the Government authorities through dialogue have been rejected and flouted."  

Facts: Like many previous allegations, this statement is grossly unfair and untrue. In the last year FIFA made only one attempt at dialogue through the mission by Dr. Mifsud. But neither FIFA nor the KFF informed the government of his mission dates. As Dr. Mifsud admits in his report, "no appointment with the Minister responsible for Sports had been scheduled". Contrary to yet another false statement in Dr. Mifsud's report, the Minister was on official business in Zanzibar at the time.

As to dialogue with the KFF, the Chairman of the Kenya National Sports Council convened and chaired a reconciliation meeting on November 7, 2003 between the KFF executive and the new Kenyan Football Group executive. At that meeting KFF Chairman Maina Kariuki made over ten promises and agreements but then ignored or broke all of them (e.g. to provide the KFF annual audit reports for 2000-02 the following week).

The Minister made a final effort at reconciliation by personally convening and chairing a meeting at his offices on March 22, 2004. All the other parties were there except the KFF who publicly boycotted the meeting. Their term of office then expired two days later.

14. FIFA Allegation: "A refusal to listen to FIFA's advice and warnings …" Facts: That is not the problem, especially as FIFA largely issued only warnings through the media without any constructive advice. The real problems have been the lack of respect by KFF and FIFA for our government, judiciary and media plus the repeated refusals by FIFA to give any serious consideration for over three years to the many legitimate concerns on KFF mismanagement and corruption of our top clubs, coaches, players and referees.

For more information contact
Patrick Naggi
STC Manager
Stakeholders Transitional Committee (STC)
Box 49295, Nyayo National Stadium
00506 Nairobi, Kenya
Tel: 254-20-501825, Fax: 254-20-501120
Mobile: 254-722-529491
e-mail: stcsoccer@hotmail.com