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Hussein Mohammed retains position as FIFA overturns FKF suspension decision

Hussein Mohammed retains position as FIFA overturns FKF suspension decision

In a communication dated 25 May, FIFA also restored the roles of acting secretary general Dennis Gicheru and NEC member Abdulahi Yusuf Ibrahim.

The conflict arose when a faction of the FKF National Executive Committee (NEC), reportedly spearheaded by McDonald Mariga, suspended Hussein Mohamed amid allegations involving a KSh42 million procurement issue.

FIFA determined that compelling an official to step aside constitutes a provisional suspension under legal terms. According to Article 41 of the FKF Constitution, such actions necessitate proper notification, a defined agenda, and crucially, the right for Hussein to present his case—none of which were observed.

FIFA cautioned that altering leadership without adhering to statutory protocols jeopardises the federation's stability. It specifically highlighted that the NEC members involved in this violation might be subject to disciplinary action.

Major setback for Mariga and associates

"Given these circumstances, and without commenting on the substantive issues, FIFA cannot acknowledge decisions made by certain NEC members that failed to comply fully with Article 41 and the procedural stipulations of the FKF constitution," stated part of the letter from FIFA Chief Member Associations Officer Elkhan Mammadov.

"Measures taken outside the prescribed statutory framework lack legal validity within the association."

FIFA's statement further noted: "The provided information and documentation do not confirm that the necessary procedural steps were followed. Consequently, FIFA unequivocally disapproves of the manner in which this matter was handled.

"Any directive requiring an official to 'step aside', when enforced rather than voluntary, must be interpreted as a provisional suspension under Article 41 of the FKF Constitution.

"As such, it must rigorously adhere to the procedural and substantive safeguards explicitly outlined.

"These stipulations are neither flexible nor optional, they represent essential protections for due process, legality, and institutional integrity, and cannot be bypassed by citing alternative practices or exceptional circumstances."

The statement concluded: "After thorough review of the submitted information, documentation, and explanations, we find it necessary to reiterate the pertinent provisions of the FKF Constitution applicable to such scenarios."

FKF supports FIFA's ruling

In a swift response, FKF endorsed FIFA's decision and reiterated the necessity of strict compliance with the FKF constitution and established governance protocols in matters concerning the federation's administration and leadership.

"The Federation acknowledges FIFA's focus on institutional stability, due process, restraint, and the imperative for all football stakeholders to operate within the recognised constitutional framework consistently," the FKF statement added.

"FKF continues to function effectively, dedicated to maintaining the principles of good governance, constitutional adherence, transparency, and institutional integrity in Kenyan football management."

The FKF statement further read: "The Federation appreciates FIFA's guidance and pledges to protect the stability, credibility, and smooth operation of Kenyan football, especially during this critical phase for the sport both domestically and internationally."

The statement ended with: "FKF will persist in working within its constitutional frameworks, in collaboration with FIFA and CAF, to ensure uninterrupted progress across all football activities and initiatives."

Mohammed was asked to step aside following claims of mishandling around Sh42 million from CHAN-related funds, as per resolutions adopted by the federation's National Executive Committee (NEC) on 24 April.

The NEC resolved that Mohammed should vacate his position immediately to facilitate investigations by relevant local and international authorities.

Alongside him, nominated NEC member Abdullahi Yussuf Ibrahim and Acting General Secretary Dennis Gicheru were also instructed to suspend their duties pending the investigation's conclusion.