Investigative authorities are now free to sniff their noses into Football Kenya Federation affairs after the high court of Kenya refused to grant an injunction filed by the federation president against having investigative authorities delve into federation affairs.
In a case filed by former federation communications officer and journalist Milton Nyakundi in which he wants the Banking Fraud Investigative Unit (BFIU) to investigate suspicious transactions within FKF accounts.
In his arguments to the courts, Nyakundi wants BFIU to investigate and ascertain whether Nick Mwendwa transferred funds meant for the growth of football to his personal accounts.
To counter the lawsuit Nick Mwendwa through his lawyer Tom Ojienda argued that journalist Nyakundi was not a member of the FKF and lacked the capacity to complain about matters touching on FKF, adding that having DCI investigate him will be a violation of his rights as a Kenyan citizen.
High court judge James Makau quashed Nicks argument in his determination to have DCI and the DPP institute investigations into the possibility of fund embezzlement by the federation boss, terming them speculative and immature.
“I, therefore, find the petitioners’ prayer for an order of a permanent injunction prohibiting the DCI and DPP summoning, investigating, charging, or prosecuting the petitioners with respect to the financial management of FKF is not justified in the circumstances of this case,” ruled Justice Makau.
“The petitioners claim that the FKF Constitution and Fifa Statutes provide for a comprehensive mechanism of financial audit of all monies received by the FKF. However, I am not convinced that the existence of an audit mechanism negates the investigative jurisdiction of the DCI and DPP and specifically where a complaint of a financial crime has been made,” added Makau in his judgement.
Justice Makau also reminded the federation that every Kenyan has a right to query on matters touching on the federation.
“I find the effect of Section 46(6) of the Sports Act is clear that every member of the public has the right to invoke Constitutional provisions to appraise themselves with whatever they feel they deserve to know about the affairs of FKF.
“I find that Milton Nyakundi has every right as a member of the public to seek information as clearly provided in the constitution.”