Football Kenya Federation (FKF) has confirmed that it will not relent in its fight to secure justice for Harambee Starlets’ African Women’s Cup of Nations (AWCON) ouster at the last minute by CAF after the Court of Arbitration for Sports (CAS) on Friday 16 November rejected an appeal made by the federation seeking to have the tournament suspended so as to give time for an amicable solution for the predicament be reached.
CAS' decision sees Kenya's hopes for a second successive nations cup appearance ended.
FKF had appealed to CAS on Wednesday 14 November challenging CAF’s decision to remove Kenya from the tournament to be played in Ghana, and reinstate Equatorial Guinea, who had been disqualified after a successful appeal made by Kenya to CAF in October that challenged the eligibility of one of the team’s players who featured in a final round qualifier between the two teams in June of this year.
The West African’s were reinstated back on November 7, just 10 days before the start of the tournament sending FKF to CAS looking to have the tournament suspended or have Kenya incorporated in the tournament as a ninth team, but all has been in vain after the court based in Lausanne, Switzerland decided against it.
FKF has confirmed that its legal proceedings will not end there as it will keep its appeal against CAF alive looking to have compensation for what it has described as “routine and blatant regulatory breaches that impact the progression of our teams, national or otherwise.”
Below is a letter from FKF signed by Head of Communications Barry Otieno confirming the above.
For Immediate Release November 16, 2018
FKF Statement on CAS’s ruling in regard to Kenya being included in the 2018 AWCON tournament
This morning (Friday 16th November 2018) we have received the decision for urgent provisional measures that FKF had applied for at the Court of Arbitration for Sport in Lausanne, Switzerland.
The application was made in order for CAS to apply a provisional measure over CAF to incorporate Kenya into AWCON, or failing this, to injunct and suspend the entire tournament until a rightful decision has been made.
Our challenge was great, however we had strength in our legal submissions. The final decision by the President of the Appeals Division was to unfortunately reject our application for provisional measures, and we fully understand and respect the decision of the CAS.
This, however, does not end the case. Our appeal against CAF is still open, and we will continue to fight for justice to be done in some way, to repair the harm that has been caused to our Starlets, and the people of our nation.
We will continue to fight at CAS in order to demonstrate that we as a federation and we as a people will not sit back and simply accept routine and blatant regulatory breaches that impact the progression of our teams, national or otherwise. For the moment, we wish the participants of AWCON all the best, and we are sure that Ghana will continue to host a wonderful event without us, and we will prepare strongly to ensure that Kenya is represented at the next AWCON.