While Konami was in the process of... doing what they were doing to Kojima, he responded to a question about Snake in Smash For during an interview. "I'm not working on that game so I don't know, but I don't think that's likely. Well if Mr. Sakurai is watching this, please use Snake." This was near the end of Smash For's development and we know Snake obviously didn't get in. Even now, Kojima still tweets about Metal Gear, retweeting fan stuff, and he's apparently working with the guy making the MGS movie, he still obviously cares about his lost franchise. Should Sakurai be on board with bringing Snake back (I would hope so, with the fan outcry for his return), Kojima would definitely be on board, and Konami would have no reason at present to refuse.