Kenya survives FIFA sanctions, for now

FIFA has deferred a decision that would impose stern sanctions on Football Kenya Federation (FKF) failed to meet the deadline to pay former Harambee Stars coach Adel Amrouche whom it wrongfully dismissed in 2014.

The case will be resubmitted to a member of the FIFA Disciplinary Committee on May 18 for evaluation in order to decide on harsher sanctions, the global governing body said on Friday.

FIFA had given FKF one month beginning March 23 to pay Amrouche Sh109 million in compensation and it was expected a decision would be made on Friday, a day after that 30-day window elapsed.

“In this regard, we take due note from the content of the abovementioned correspondence that the Football Kenya Federation allegedly did not pay the amounts due to the coach Adel Amrouche within the granted deadline and that the latter therefore requests that further disciplinary sanctions be imposed on the Football Kenya Federation,” read part of the letter.

“In this sense, we kindly inform the parties that, in accordance with point 4. of the decision passed by the Chairman of the FIFA Disciplinary Committee on 23 March 2020, the case will be resubmitted to a member of the FIFA Disciplinary Committee on 18 May 2020 for evaluation in order to decide on harsher sanctions to be imposed on the Football Kenya Federation, which may lead, amongst others, to possible expulsion from FIFA competitions,” the letter said.

The FIFA Disciplinary Committee, meanwhile, extended an olive branch to FKF to provide its position, and/or proof of payment by April 30, 2020, lest Kenya suffers tougher sanctions.

“In light of the foregoing, the Football Kenya Federation is invited to provide the secretariat to the FIFA Disciplinary Committee with its position, including proof of payment of any outstanding amounts, by 30 April 2020 at the latest.

“Should the Football Kenya Federation fail to submit a statement within the stipulated deadline, a member of the FIFA Disciplinary Committee will decide on the case using the file in its possession (cf. art. 20 par. 5 of the FIFA Disciplinary Code),” concluded the letter, from FIFA Disciplinary Committee’s Secretariat.

FACTS ON THE COMPENSATION CASE

February 20, 2013: FKF, under Sam Nyamweya, appoints Mr. Adel Amrouche as Harambee Stars coach on a one-year contract

December 2013: FKF, under Sam Nyamweya, hands Mr. Adel Amrouche an improved 5-year contract effective January 2014 after Harambee Stars won the 2013 CECAFA Senior Challenge Cup

June 7, 2014: Adel Amrouche allegedly spits on a referee during Harambee Stars’ Africa Cup of Nations Qualifier against Comoros

July 18, 2014: Confederation of African Football (CAF) Disciplinary Committee finds Mr. Adel Amrouche guilty of misconduct. The coach is handed a one-year suspension.

August 3, 2014: FKF, under Sam Nyamweya, unprocedurally terminates Mr. Adel Amrouche’s contract after he was suspended by CAF

August 5, 2014: FKF, under Sam Nyamweya, appoints Mr. Bobby Williamson to replace Mr. Amrouche

August 18, 2014: CAF Appeals Board reduces Mr. Amrouche’s ban to six months following a successful appeal by FKF. The ban is also backdated to be effective May 30, 2014.

February 2016: Nick Mwendwa is elected FKF President. CAF also lifts Mr. Adel Amrouche’s six-match ban

March 2016: Both Mr. Amrouche and Mr. Williamson claim to have running contracts with FKF. (Amrouche – 5 Years/Bobby – Open Contract)

April 2016: Mr. Amrouche files a case at the FIFA Player Status Committee demanding compensation for wrongful dismissal

August 2017: FIFA communicates the decision of the Players Status Committee to award Mr. Amrouche KES 65 Million plus interest that had accrued since July 2014

September 2017: Mr. Amrouche appeals to the Court of Arbitration for Sport (CAS) as he was not satisfied with the amount that was awarded to him by FIFA’s Players Status Committee. FKF also files a petition at CAS contesting the amount awarded to Amrouche

September 2019: CAS makes a ruling on the matter, awarding Mr. Amrouche KES 108,194,863 in compensation for wrongful dismissal.

December 2019: CAS directs FKF to pay Mr. Amrouche a further KES 1,181,511, bringing the whole amount to a total of KES 109,376,374

February 28, 2020: FIFA Disciplinary Committee writes to FKF instructing the Federation to pay the amount owed to Mr. Amrouche or risk sanctions

March 3, 2020: FKF requests FIFA for more time to settle the payment owed to Mr. Amrouche

March 5, 2020: FIFA informs FKF that they have been granted 6 days to complete the payment

March 24, 2020: FIFA Disciplinary Committee directs FKF to pay within 30 days or risk sanctions, amongst others, expulsion from FIFA competitions. FKF is also fined KES 3,243,241