The Football Kenya Federation’s First Instance Body (FIB) – an independent decision-making body set up by all CAF’s member associations – has granted licenses to 18 FKF Premier League clubs to participate in the 2023/24 FKF Premier League.

However, one Club has been granted a license and a sanction for failure to meet the criteria of presenting a Women’s team as stipulated in the issued National Club Licensing regulations.

Background

Club licensing is a key element in promoting the professionalization of football all over the world. The system uses principles-based criteria and sets minimum standards that clubs must satisfy to be licensed and, consequently, be able to participate in each competition.

The Objectives of the club licensing process are:

Promoting and improving of the quality and the level of all football aspects in Kenya by;

  • Ensuring that clubs have the appropriate infrastructure, knowledge, and application in respect of management and organization;
  • Adapting and improving the club’s sporting infrastructure;
  • Improving the economic and financial capacity of the clubs, through proper corporate governance and control;
  • Ensuring and guaranteeing the sustainability of local and international competitions of clubs during the season;
  • Allowing the parallel development and comparison amongst clubs by ensuring the necessary compliance in terms of financial, sporting, legal, administrative, and infrastructure criteria.

All clubs that qualify for the 2023/24 FKF Premier League based on sporting merit must be granted a license before they can participate in the league.

As a result, all 18 FKF Premier League clubs were required to apply for their licenses through the CAF Club Licensing Online Platform (CLOP) by the August 12, 2023, deadline. This was the first time that the online platform was utilized.

Prior to the Licensing Period, the club officials participated in a sensitization workshop. The workshop provided an opportunity to provide feedback on the localized club licensing regulations which were nuanced to the current operating conditions. As an upshot of the club’s participation, several proposed regulations were reviewed and changed.

The clubs were evaluated on five criteria pillars. Each criterion was graded as follows:

  1. Mandatory – Non-Fulfilment of this criterion means that the License Applicant shall not be granted a license to enter the National Competitions.
  2. Obligatory – Non-Fulfilment of this criterion means that the License Applicant shall be sanctioned. However, the license applicant may still receive a license to participate in the National Competitions organized by the Football Federation
  3. Best Practice – Non-Fulfilment of this criterion does not lead to any sanctions or rejection of a license. Best Practice are progressive recommendations by the FIB to help clubs meet future licensing requirements and the overall improvement of club management systems

Below are the five club licensing criterion pillars being as follows:

Sporting

  • The License Applicant must have a Youth Team with at least two age categories. Each of the two youth teams must take part in official competitions or programs played at national, regional, or local level and recognized by the FKF. This is a mandatory requirement.
  • The License Applicant must provide all players registered with the club full access to medical support services including but not limited to a yearly medical examination for all its players eligible to play for its first squad and comprehensive medical insurance coverage for contracted players. This is a mandatory requirement.
  • The License Applicant must have at least one women’s first team participating in a competition sanctioned by FKF. The Applicant may operate the women’s team itself or have a written agreement with another entity who operates the team. This is an obligatory requirement.

Infrastructure

  • The License Applicant must have a Stadium available to host its home matches. The Applicant may legally own the Stadium, or they may conclude a written lease agreement with the owner of a Stadium. This is a mandatory requirement.
  • The License Applicant must guarantee access to training facilities for its teams, including its youth and women teams. The Applicant may legally own the training facilities, or they may conclude a written lease agreement with the owner of the training facilities. This is a mandatory requirement.
  • The License Applicant must have office space for its administration and personnel. The Applicant may legally own the office space, or they may conclude a written lease agreement with the owner of the office space. This is a mandatory requirement.

Personnel And Administration

The License Applicant should demonstrate that they have an adequate number of skilled secretarial staff to run its daily business. The clubs are required to share appointment letters, contracts and qualifications of fully employed staff or outsourced experts. Below is a list of the staff/experts:

  • General Manager/CEO (Mandatory).
  • Finance Officer (Mandatory).
  • Media and Digital Officer (Mandatory).
  • Safety and Security Officer (Mandatory).
  • Medical Doctor (Mandatory).
  • Physiotherapist (Mandatory).
  • First Team Head Coach (Mandatory).
  • First Team Assistant Coach (Mandatory).
  • First Team Goalkeeper Coach (Mandatory).
  • Women’s First Team Head Coach (Obligatory).
  • Youth Coaches (Option of first-team assistant coach or first team second assistant coach doubling)
  • Club Licensing Online Platform Officer (best practice)

Legal

License applicants were requested to provide the following:

  • Declaration in respect of participation in FKF & CAF Interclub Competitions. This is a mandatory requirement.
  • Minimum legal documents (Statutes, Constitution certified by FKF or Copy of Extract of Public Register that demonstrates that the club is a legal entity). This is a mandatory requirement.
  • Copy of club declaration in respect of Ownership and Control of Clubs. This is a mandatory requirement.

Financial

  • The license applicant must have a bank account under its name and submit its annual budget as part of the license application. (Mandatory)
  • The License applicant must prove that there are no overdue payables to other football clubs at the commencement of the licensing period. (Mandatory)
  • The License applicant must prove that it has no overdue payables towards current and former employees at the commencement of the licensing period. (Mandatory)
  • The License applicant must prove that it has no overdue payables towards FIFA, CAF, CECAFA or the Licensor (FKF) as at the commencement of the licensing period. (Mandatory)

Notable Findings

The First Instance Body scrutinized the documents submitted and provided some useful, broad insights:

  1. Sporting criterion
    1. All the clubs indicated the existence of youth teams between ages 15-21 and 10-14 yrs. Some clubs formed partnerships with local schools and in one instance a club had a sponsorship package that included the payment of school fees for up to 50 students in addition to providing equipment and coaching staff.
    2. Seventeen (17) teams presented women’s teams which were acquired, partnered, or had been formed. One (1) club did not present a women’s team and was sanctioned for the same.
    3. All the teams had medical insurance schemes covering their players with 10 clubs opting for NHIF covers and the remaining 8 utilizing private insurance companies’ packages.
  1. Infrastructure criterion
    1. Six (6) clubs own their own stadia/have long-term leases on stadia facilities. Three (3) clubs have agreements with county governments. Seven (7) clubs named Kasarani and Nyayo Stadium as their home grounds and have agreements with Sports Kenya to use their facilities. The remaining two (2) clubs will share grounds with clubs that own their own facilities.
  1. Personnel and administration Criterion
    1. Eight (8) Clubs have contracted highly qualified head coaches with CAF A and UEFA A and B Certifications.
    2. Fifteen (15) clubs have ongoing contracts whilst three (3) clubs are still negotiating with their clubs.
  2. Legal criterion
    1. Two (2) clubs are registered as limited companies whilst the remaining clubs are registered under the Sports Act or as societies.
  3. Finance criterion
    1. Fifteen (15) clubs have their own accounts whilst three (3) clubs have accounts registered under the names of sponsors.
    2. Four (4) clubs have overdue payables to employees, other clubs on transfer activities, and the federation. The said clubs have agreements to settle the amounts within a stated period or have pending cases awaiting determination.

Explainer on sanction given to FC Talanta

The First Instance Body–FIB approved the issuance of the license to the club to participate in the league. However, the Board directed that the club be sanctioned/pay USD 3,000 for failure to present a Women’s Team.

The formation of the women’s team falls under the obligatory category as per the issued National Licensing Regulations. The category means that the club can be sanctioned for non-fulfillment of these criteria. However, the license applicant may still receive a license to participate in the National Competitions.

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