FIFA threatens action against FKF over court cases involving football disputes

The world football governing body, FIFA, has warned the Football Kenya Federation (FKF) over the increasing number of football-related disputes being taken to ordinary courts in Kenya, cautioning that continued violations of its regulations could trigger disciplinary action against the federation.

In a letter dated October 5, 2026, and addressed to FKF Acting General Secretary Dennis Gicheru, FIFA expressed concern over several cases pending before Kenyan courts involving the federation, its members, officials and football-related activities.

The letter, signed by FIFA Chief Member Associations Officer Elkhan Mammadov, said the disputes involved matters relating to football competitions, elections, membership, disciplinary decisions and other governance issues within Kenyan football.

FIFA maintained that such disputes should ordinarily be resolved through established football arbitration mechanisms rather than national courts, unless FIFA regulations, the FKF Constitution or applicable laws specifically allow judicial intervention.

"We have taken note with concern of the increasing number of proceedings brought before ordinary courts in matters that appear to be intrinsically related to the organisation, administration and governance of football in Kenya," FIFA stated.

The warning refocuses on the relationship between football governing bodies and national judicial systems, particularly where disputes involve elections, leadership, club administration, and disciplinary decisions.

FIFA cited Article 69 of the FKF Constitution (2017 edition), which restricts the submission of football-related disputes to ordinary courts.

Under the provision, disputes involving the federation, leagues, clubs, players, officials and other members are not supposed to be referred to ordinary courts unless specific exceptions are provided under FIFA regulations, the FKF Constitution or binding legal provisions.

Instead, the constitution establishes arbitration as the preferred mechanism for resolving such disagreements. It provides for disputes to be heard by independent arbitration tribunals recognised by FKF or the Confederation of African Football (CAF), or referred to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland.

FIFA further invoked Article 51 of its statutes, which prohibits member associations and their members from taking football-related disputes to ordinary courts unless applicable regulations or binding legal provisions expressly permit it.

The provision also prohibits seeking provisional measures from ordinary courts in such disputes, reinforcing FIFA's position that football disagreements should be handled within recognised sporting judicial structures.

The organisation also reminded FKF of its obligations under Article 14(1)(i), read together with Article 19 of the FIFA Statutes, which require member associations to manage their affairs independently and without undue interference from third parties.

FIFA warned that failure to uphold these principles could have consequences for the federation, although it did not announce an immediate suspension or sanction against Kenya.

"For the avoidance of doubt, FIFA takes the principle of the autonomy of football and the prohibition of recourse to ordinary courts with the utmost seriousness," the letter stated.

It added that any infringement of the principles could result in the matter being referred to its competent bodies for consideration of appropriate measures under FIFA regulations.

FIFA has consequently asked FKF to take all necessary steps within its authority to ensure that football-related disputes are resolved through mechanisms established under the federation's constitution and applicable FIFA regulations.

The governing body also requested regular updates from FKF on significant developments involving the ongoing judicial proceedings identified in the correspondence.

The warning comes amid ongoing scrutiny of football governance in Kenya, where disputes involving federation administration, leadership, elections, and club-related decisions have periodically entered the country's judicial system.

However, FIFA's position does not automatically remove the jurisdiction of Kenyan courts in matters where national law provides for judicial intervention.