Why Kenya is courting Fifa ban

What you need to know:

  • Lawyers acting for former Harambee Stars coach threaten to take action against Kenya

A ban from world governing body Fifa now looms large for Kenya, the latest challenge being a long-standing sum of Sh110 million owed to former Harambee Stars coach Adel Amrouche for wrongful dismissal.
Amrouche’s lawyers now want Football Kenya Federation (FKF) to pay the Belgian coach his full dues by Thursday (March 5), failing which Fifa may be called upon to institute unspecified sanctions on the federation.

“We refer to the above-mentioned matter as well as to our communication dated September 23, 2019, whereby we sent you the invoice for payment from FKF to Mr Amrouche in application of the Arbitral Award of CAS in the matter CAS 2018/A/5572 & 5573 Adel Amrouche v. Football Kenya Federation. Unfortunately, to date the respective payment from FKF has not been received,” read the letter in part.

“In view of the communication of Fifa’s Disciplinary Department in this matter dated February 28, 2020, we kindly ask the FKF to proceed to the payment of the outstanding amount until March 5, 2020 at the latest and to confirm the payment by providing us with the respective payment receipt. Attached hereto, please find an updated invoice, including the interest for late payment until March 5, 2020,” continued the letter.

Reached for comment on this matter, FKF Chief Executive Officer Barry Otieno said he had not received any letter from Amrouche.

“We are not privy to such information. We will let you know if and when it reaches us,” he said.

This sticky matter, which now threatens to banish the country to the cold in as far as international football is concerned, began in September last year when the Court of Arbitration for Sport ordered FKF to pay Amrouche Sh108 million as damages for wrongful termination of his contract.

The CAS ruling had also ordered FKF to pay Amrouche within 30 days from the date of notification, otherwise Kenya risked missing out on the 2022 Fifa World Cup qualifiers or Fifa development funds.

Amrouche, 51, who is currently the Botswana national team tactician, was sacked by former FKF president Sam Nyamweya in 2014 after a star-studded Harambee Stars consisting of Dennis Oliech, Macdonald Mariga, Victor Wanyama and Jamal Mohammed, among others, recorded a disappointing 1-0 aggregate loss to Lesotho in a 2015 Africa Cup of Nations qualifier.

DISMISSED

He was summarily dismissed a few days after this defeat, and he left the country grudgingly, vowing to fight for justice to the very end.

The seasoned trainer had only served a few months of the five-year contract offered to him by the Ministry of Sports and FKF following President Uhuru Kenyatta's recommendation.

As soon as he left the country, he sued FKF at Fifa and was awarded Sh60 million by the Player Status Committee, but this was not enough to placate him.

The former DC Motema Pembe and Burundi trainer lodged an appeal at CAS in Lausanne, Switzerland, asking for more money. FKF president Nick Mwendwa contested that appeal but lost.

“I will ask Fifa to give us an extension. We are paying for ills by the former management. I will talk to the government and request they assist us in paying Amrouche," said Mwendwa at the time.

Amrouche had been appointed Stars coach in 2013, and is best remembered for masterminding a credible draw away to high-flying Nigeria in Calabar in a 2014 World Cup qualification match and also steering Kenya to win the 2013 Cecafa Senior Challenge Cup.

After his stint in Kenya, he moved on to coach Libya's national team, and Algerian clubs MC Alger and USM Alger.

It is not immediately clear whether Fifa gave FKF an extension to settle Amrouche’s dues, especially given that Kenya was included in the 2022 World Cup draw held on January 21 in Cairo, Egypt. Kenya was placed in Group ‘E’ alongside neighbours Uganda, Rwanda and Mali with only the winner guaranteed of a place in the final phase of the qualifiers.

Nation Sport has established that Fifa’s Disciplinary Committee had given FKF six days to provide its secretariat with its stand on the matter, including proof of payment of any outstanding amounts. The six days lapsed on Wednesday.

According to a letter dated February 28, 2020 which is in possession of Nation Sport, Fifa’s Disciplinary Committee states that it will open disciplinary procedures against FKF on March 23.

“In accordance with Art. 52 of the Fifa Disciplinary Code (FDC, 2019 ed.), we are herewith opening disciplinary proceedings against Football Kenya Federation for the potential breach of the following provision(s): Art. 15 FDC (2019 ed.) / Art. 64 FDC (2017 ed.) Failure to respect a decision passed by a body, a committee or an instance of Fifa or a CAS decision,” read the letter in part.

“Further, we wish to inform you that the matter will be submitted to a member of the Fifa Disciplinary Committee on 23 March 2020,” continued the letter signed by Fifa Head of Disciplinary Department Carlos Schneider.

Article 15 of 2019 edition of Fifa Disciplinary code sates that anyone who fails to pay another person his dues will be liable for either a fine, and/or further sanctions which remain unspecified.

Four months have since gone by since October 23, 2019 which was the deadline given by CAS for Amrouche to be paid, and it remains to be seen what action Fifa’s Disciplinary Committee will take on this issue.

Meanwhile, Harambee Stars are due to host Comoros on March 25 in a 2021 Afcon qualifier at the Moi International Sports Centre, Kasarani.

In case the “additional disciplinary measures” bring Kenya a ban or a hefty fine, Kenya will be barred from the Fifa World Cup qualifiers and FKF’s coffers will be dealt a major blow.

According to Article 15 of 2019 edition of Fifa Disciplinary code:

Anyone who fails to pay another person (such as a player, a coach or a club) or Fifa a sum of money in full or part, even though instructed to do so by a body, a committee or an instance of Fifa or a CAS decision (financial decision), or anyone who fails to comply with another final decision (non-financial decision) passed by a body, a committee or an instance of Fifa, or by CAS:

a) will be fined for failing to comply with a decision; in addition:

b) will be granted a final deadline of 30 days in which to pay the amount due or to comply with the non-financial decision;

c) in the case of clubs, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, a transfer ban will be pronounced until the complete amount due is paid or the non-financial decision is complied with. A deduction of points or relegation to a lower division may also be ordered in addition to a transfer ban in the event of persistent failure, repeated offences or serious infringements or if no full transfer could be imposed or served for any reason.

d) in the case of associations, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, additional disciplinary measures may be imposed;

e) in the case of natural persons, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, a ban on any football-related activity for a specific period may be imposed. Other disciplinary measures may also be imposed.