High Court Bars McDonald Mariga from Assuming FKF Presidency, Reinstates Ousted Officials

The High Court has restrained the deputy presideñt of Football Kenya Federation FKF Macdonald Mariga, from assuming the responsibilities of the president of the football organization in an acting capacity pending the hearing and determination of a case filed in court.

While giving the orders, Justice Bahati Mwamuye stated that “a conservatory order be and is hereby issued restraining the Respondent from suspending, removing, or in any other way interfering with the Petitioner/Applicant’s office and position at the Football Kenya Federation (FKF), the National Executive Committee, and/or related offices/bodies.”

Justice Mwamuye also stated that if a decision has already been taken, the same has been stayed until the matter is heard and determined.

The judge further ordered Mariga to relinquish the presidential roles of the FKF “in the event he has assumed the duties of Hussein Mohammed, who had allegedly been relieved of his mandate.”

The orders followed after an application that was filed by a member of the National Executive Committee of FKF, Abdullahi Yussuf Ibrahim.

During the meeting, some resolutions affecting the petitioner Abdullahi Yussuf Ibrahim and others were passed.

“The impugned meeting was not convened by the President of FKF as required under Article 38 of the Federation’s Constitution,” claims Ibrahim in the court filings.

He adds that no notices were issued by the General Secretary or any competent organ of the federation.

Ibrahim says that during the meeting, it was resolved that he steps aside from membership of the NEC.

The court heard the resolutions arrived at during the April 24 meeting have since taken effect, and the interim officials appointed to run FKF have begun to alter the governance structure of the federation illegally and without due process and adherence to the federation’s constitutional dictates.

It is in this meeting that Mariga was allowed to assume the roles and responsibilities of the President in an acting capacity “pending alleged completion of investigations and a forensic audit into the affairs of the federation.”

It was alleged during the meeting that there was financial impropriety, including alleged misappropriation of Sh42million.

The alleged funds are related to the concluded CHAN tournament organized by the Confederation of African Football.

Ibrahim claims he was not given any opportunity to be heard before the making of the impugned decisions, thus violating Article 47 of the Constitution for fair administrative action and the rules of natural justice.

The judge was asked to intervene and curtail the illegal and unconstitutional actions of a section of members of the FKFs NEC.

In a brief ruling, the trial judge said Ibrahim has established proper legal grounds to grant a “conservatory order restraining the respondent, the National Executive Committee-FKF, from suspending, removing or in any other way interfering with the petitioners’ (Ibrahim) office and position at the federation, the NEC, and or related offices/bodies.”

The judge further reversed the decision for the implementation of changes in leadership and running of FKF, including relieving Mariga from discharging his new mandate.

The judge ordered Omari to serve the court documents to NEC-FKF and the Cabinet Secretary, Ministry of Youth Affairs, Creative Economy, and Sports by April 29, 2026.

The case was fixed for further directions on May 19, 2026, and to confirm if all the parties have filed their evidence and defenses.

In the case, the court was told there was a conflict of interest, alleged breaches of the public procurement and asset disposal legal framework.

On April 27 2026, the Sports Disputes Tribunal halted the sweeping leadership changes at the Football Kenya Federation (FKF), reinstating president Hussein Mohammed after resolutions that had forced him to step aside were suspended.

The tribunal restrained a faction of National Executive Committee members from implementing the resolutions passed on April 24 that removed Mr Mohammed and other senior officials.

The interim orders by SDT also block attempts to freeze FKF bank accounts, assume control of the federation, and elevate the federation’s deputy president, McDonald Mariga, to the presidency.

At the centre of the dispute is a controversial NEC meeting that cited a Sh42 million insurance scandal linked to the CHAN Pamoja tournament and called for a forensic audit of FKF finances.

The meeting resolved that Mr Mohammed, acting CEO Dennis Gicheru, and NEC member Abdullahi Yusuf step aside to allow investigations by local and international bodies, including FIFA and CAF.

It further directed that all FKF bank accounts be frozen and that Mr Mariga assume presidential duties in an acting capacity pending completion of the probe.

But Ahmed Abdi Ahmed, the FKF Machakos County chairman, moved to the tribunal and challenged the process, arguing the meeting breached the federation’s constitution and produced unlawful resolutions.