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Experts blame lack of laws for rampant match fixing in Kenyan football

In 2010, investigations led to suspension of several officials and players, and some were later found guilty of match-fixing

The monster that is match-fixing in football is no longer just hush hush but is something the global body FIFA is taking a keen eye on and making institutional changes gradually.

Football integrity in recent times has been put to the test and Kenya as a member of the clan has had its fair share of bad moments that have been highlighted particularly targeting coaches, referees and players alike. The top tier Premier League has been subject to a lot of concerns and this has kind of put a spotlight on our game development.

The elephant in the room, according to legal experts, is the lack of legal structures or laws that pertain to dealing with this scourge. This issue, according Sports Lawyer Sarah Ochwada, compromises the fight for clean sport.

“For one, this match-fixing is sports’ specific and therefore does not affect everyone or society. It is niche and targeted to a certain discipline. For that, therefore it would be difficult to initiate a legislative process so that it operates under an act in the Constitution. That said, sports fixing especially in football is rife and rampant. However, another difficulty is that evidence on such is usually not forthcoming and therefore mostly it is based on hearsay and therefore not prosecutable,” she says.

Sports Lawyer Sarah Ochwada

Ochwada, who is an Expert in Arbitration, adds; “This is a sporting integrity issue that FIFA Ethics Committee can handle and they have dealt with several of these matters. When somebody influences a match, it is punishable by a ban or fine. In the case of Kenya, the IDAC (Internal Disciplinary & Appeals Committee) of the Football Kenya Federation (FKF) takes precedence and even so, they must follow laid down statutes of FIFA because we do not have laws that can address such vices here. It is a catch 22 but it can still be nipped in the bud. The primary evidence is proof of collusion or conspiracy but if that route fails then the more complex step of video evidence follows.”

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Kenya has recorded several cases of match-fixing over the last 10 years. The 2010 Kenya Premier League (KPL) match-fixing scandal involved several Kenya Premier League teams and officials. Investigations led to suspension of several officials and players, and some were later found guilty of match-fixing.

Indeed, Kenya’s FA under Nick Mwendwa  last urged legislators to approve laws that criminalise match-fixing at a meeting with the Parliamentary Committee on Social Services.

FKF Head of Referees Sylvester Kirwa has also voiced frustration over the issue of fixing games but insists nothing credible touching on culpability has lately been found with his body.

“This really is an integrity problem that is personal and often influenced by outsiders. Things like enticement through small gifts, lack of prosecution on culprits and also lack of facts is a deterrent for FKF. However, the Federation through its disciplinary body is on top of things and has privately addressed this complaints raised by teams. I am happy some folks have been forthcoming with information but since it is difficult to pin anyone under a non-existent legal régime, it gets frustrating. My members know the consequences and also FIFA through its own machinery, intelligence and capacity usually not only alert us but offer skills building to that regard,” offers Kirwa.

Betting companies have borne the brunt of complaints with several issues arising that point to influencing games particularly in football.

However, Sportpesa Public Relations & Advertising Manager Willis Ojwang denies any complicity.

“We have contractual obligations with the teams we sponsor. At no point do we get involved in their internal sessions because each club has rules and the Federation or league body is tasked with disciplinary and competition matters. For us, it is known to anybody associated with our brand what we stand for. Our scope of engagement is clear and we have to protect the company image at the end of the day.”

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