The Football Kenya Federation (FKF) has suspended its former president Sam Nyamweya from engaging in football activities for the next ten years.
FKF accuses Nyamweya of violating its constitution after he allegedly lodged a case against the federation in an ordinary court; a gesture it says contravenes Article 13 (f) of the FKF constitution.
Nyamweya is also accused of unlawfully withdrawing Sh2m from the federation’s account.
“In the NEC meeting held on the 21st March 2016 and as per Article 14 (l) and Article 34 (m) of the FKF constitution, a decision was made to suspend you from all football activities in Kenya for a period of Ten (10) years from the date of this letter (March 28).
The decision to suspend you was made for the following reasons;
- That contrary to the statutes of FIFA, CAF and FKF you have lodged a case against FKF in an ordinary court and therefore are in violation of article 13 (f) of the FKF constitution. Your petition no. 59 of 2017 filed in the High Court in Kenya at Nairobi seeks to stop the federation from carrying out its mandate in the management and promotion of football in the country.
- That on your own written admission illegally withdrew a sum of Kenya Shillings Two Million Five Hundred Thousand (Kshs 2,500,00) which was in a federation account and which was destined for FKF Aberdares branch.
“The decision by the National Executive Committee will be presented to the General Meeting of FKF for adoption,” the letter sent to Nyamweya, which is signed by the federation’s Chief Executive Robert Muthomi read in part.
Nyamweya has said that the ban is malicious and in bad faith and has threatened legal action against the federation. His legal team has in a demand letter asked for an apology from FKF and a withdrawal of the suspension letter.
“It is laughable that FKF can suggest that I withdrew any money from their accounts because I have never done it. While this attempt is null and void ab initio, it is unfortunate that they reached this decision without giving me the opportunity to be heard which is against the tenets of fair play and natural justice,” Nyamweya said.
Nyamweya further states that the suspension by FKF is not valid since he is no longer a member of the federation.
“”In essence, your decision is a non-starter as you cannot purport to suspend our client whereas he retired from football and is not a member of FKF,” the letter states.