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Sports Disputes Tribunal nullifies FKF polls

By Charles Thuku
Wednesday, December 4th, 2019
FKF president Nick Mwendwa (seated) with his lawyers and supporters listen to proceedings when they last visited the tribunal offices two weeks ago. INSET: SDT chairman John Ohaga delivers his ruling to stop football polls yesterday. Photo/PD/DAVID NDOLO

With three days to go to the Football Kenya Federation (FKF) national elections, a court has cancelled the exercise for being unprocedural.

In essence, former FKF president Sam Nyamweya who is one of those bidding for the plum position has received a lifeline following yesterday’s ruling.

Sports Disputes Tribunal (SDT) outlawed the process that was planned for December 7 for failure to meet the FKF constitution polls threshold in a case filed by  Nyamweya, former AFC Leopards chairman Alex ole Magelo, former Vihiga governor Moses Akaranga, Angeline Mwikali, Steve Mburu and Gor Mahia Chief Executive Officer (CEO) Lordvick Aduda.

Further, the tribunal declared that the FKF branch elections that were held on November 23, 2019 are null and void.

A SDT panel composed of its chairman John Ohaga, Njeri Onyango and Maria Kimani ordered that the status quo of FKF National Executive Committee (NEC) be maintained pending fresh elections to be conducted once the federation complies with the orders of the tribunal.

The applicants had earlier vouched for an order permitting any member of FKF to nominate candidates in accordance with the constitution of the federation.

In a 27-page document, the panel declared that during the branch polls, there was insufficient public participation in the formulation and adoption of the Electoral code of FKF 2019.

“Public participation is one of the national values and principles in our constitution which must be observed by all persons, state organs and public officers in the exercise of their responsibilities, read the document.

FKF was also faulted for sidelining sub branches which are existing in the voting process.

“The federation’s 2012 Constitution of Article 10 (1) provides for members of FKF. His Article goes not provide for any membership position known as sub branch. However, the Federation through its National Executive Committee approved the 2015 Electoral Rules and Regulations which took cognizance if this position of sub branch and proceeded to establish 84 sub branches at clause of 24 of the regulations,’’ said Ohaga.