Respect Kenyan constitution just like you respect Swiss laws: Twaha tells Fifa
Former Kenya Football Federation (KFF) vice president Twaha Mbarak has faulted Fifa on their recent decision to uphold the current federation's Electoral Code which has elicited a lot of controversies and also to direct that the incumbents remain in office until after the polls, despite the fact that the Sports Disputes Tribunal (SDT) proposed the formation of a Normalization Committee to oversee the polls.
Mbarak claims Fifa are missed informed after they responded to the SDT March 17 ruling, by saying the body was not a recognized arbitration body according to the Fifa statutes and so they could not follow any of their directive.
“From the outset, it is evident that the author of the letter dispatched by Fifa on Wednesday, is ignorant of basic facts about the establishment of the SDT. It is even more unfortunate that the Chief Member Associations Officer, Veron Mosengo-Omba did not seek to gather more information before sending the letter that has embarrassed the world body by suggesting that FIFA can take precedence over Kenya's sovereignty,” Mbarak said.
He added: “I salute Sports Cabinet Secretary Ambassador Amina Mohammed for how she has stood firm to protect the Kenyan Constitution which is the sole binding document with supreme authority on matters of governance within the territory of Kenya. Further tribute goes to the chairman of the SDT for taking the bold decision and ultimately standing by laws of our beloved country.”
Mbarak said, the world football governing body should respect the Kenyan laws and the jurisdiction of legally-instituted bodies over Football Kenya Federation FKF), in the same manner as they do to the Swiss laws.
“Mosengo-Omba must be reminded that this same FKF he is now defending against the SDT has appointed lawyers to represent it at the tribunal several times and even it's officials, including Nick Mwendwa (before his term expired as president) appearing in person before the panel on several matters,” he said
He added: “In any case, FIFA doesn't have the appellate jurisdiction over the SDT and the best FIFA should have done if they felt the ruling was unfair was to advise Mwendwa to appeal at the Court of Arbitration for Sport; something that would be impossible in the present circumstances because his term in office had expired and the CEO lacks the legal instruments to take such action in the absence of a substantive National Executive Committee at FKF.”