Nairobi — Embattled FKF Chief Executive Officer Harold Ndege has asked the court to strike out an affidavit sworn by Football Kenya Federation (FKF) president Hussein Mohammed in a case challenging his removal from office.
Through his lawyers, Ndege argues that the affidavit is irregular and defective, saying it was sworn at a time when Mohammed was outside the country and in Morocco.
The application challenges the procedural validity of FKF's defence under the Oaths and Statutory Declarations Act. Ndege's legal team contends that commissioning an affidavit in the absence of the deponent violates statutory requirements, rendering the document a nullity.
In his filings, Ndege states that "credible documentary material and contemporaneous communications demonstrate that Hussein Mohammed was outside the jurisdiction of Kenya (in Morocco) during the material period."
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The motion further argues that allowing such a document to remain on record would compromise the integrity of the judicial process, noting that an affidavit sworn when the deponent was not physically present before a commissioner of oaths is invalid in law.
To support the claim, the applicant is seeking mandatory orders compelling Mohammed to produce his original passport and immigration movement records for January 2026.
The court will now determine whether to strike out the affidavit, a decision that could strip FKF of its primary defence evidence in the ongoing labour dispute.
