KPL: FKF has ‘no right’ to declare Gor Mahia champions

The league managers have stated the federation have no right to dictate how the top-tier should be run

The Kenyan Premier League (KPL) has told Football Kenya Federation (FKF) off regarding their move to crown Gor Mahia league champions.

The federation stated there is no hope of playing football in the next two months, and the only logical thing is for them to crown K’Ogalo who are leading the table. However, this has not gone down well with the top-tier administrators.

“Reference is made to media reports in which you are quoted as stating that the 2019/20 season of the Kenyan Premier League will be cancelled and FKF rules will be used to determine the winner,” read a statement from KPL to FKF CEO Barry Otieno and obtained by Goal.

“We noted your alleged comments with great concern considering that it was also reported you allegedly stated that the domestic cup will be played to the end because “all the teams in the FKF…Cup… competitions have worked hard to reach where they are and it will be unfair to cancel the same,” as you were quoted.

“The lack of consistency in the Federation’s stand on the fate the two competitions implies; a selective application of the rules by FKF, the selective interpretation by FKF of Caf’s letter to the Federation, disregard by FKF of the hard work put in by KPL teams to reach where they are in the current KPL 2019/20 standings, amounts to breach of the KPL mandate on running of the league through interfering with the management of its affairs.”

KPL has firmly stated it is early to annul the league considering the unpredictable situation of the current Covid-19 pandemic.

“It is still too early to consider the effects of the Covid-19 pandemic on Kenyan football as a case of force majeure. If in any case, it were so, KPL would stand to be guided by Clause 9.1 of the FKF-KPL Agreement which provides direction on our obligations in the event of a force majeure.

“Ending the league can only be considered as a solution if there has been such a directive from Caf to all its members for the leagues to end by a certain date. Since Caf has not concluded its own club competitions it, therefore, makes no sense at all to insinuate that Caf is rushing its members to end their seasons.

“Should such a directive come from Caf, KPL will exercise its mandate to give the way forward to FKF on the fate of the league after convening a Governing Council meeting.”

KPL has also stated FKF has no right to determine the winner since the latter is managing the league and per the contractual terms, it is up to them to make such decisions until the expiry of the contract in September 24.

“As stipulated in Clause 2 (a) of the FKF-KPL Agreement, which states, “to ensure KPL as the owner thereof has the exclusive, full and unhindered right to manage the Kenyan Premier League in accordance with the rules and regulations of KPL, FKF, Caf and Fifa”, as well as Clause 2 (d) of the same agreement which states, “to ensure there is no undue interference by FKF or other officials or third parties with KPL management of the Kenyan Premier League”, FKF is obligated to respect KPL’s mandate of running their competition.

“Also, Clause 2 (g) of the same agreement refrains FKF from making media or public announcements and decisions on KPL’s behalf which infringe on the exclusive, full, and unhindered right of KPL to manage the Kenyan Premier League.

“Finally, Clause 57 (v) of the SDT Ruling on the FKF-KPL Agreement reinforces these rights held by KPL and FKF’s obligation to respect and adhere to them.”

KPL insists there is still enough time to play the games and no need for hurried decisions.