Sports Tribunal judge to deliver landmark ruling on football elections
All eyes will today be on Sports Disputes Tribunial (SDT) chairman John Ohaga as he issues a landmark ruling on Football Kenya Federation (FKF) elections via a video conference at 2.30pm.
Ohaga told People Sport yesterday that he would give his verdict electronically mainly because of the current coronavirus threat, but did not give hints on what football fraternity should expect.
FKF went to SDT last month to seek interpretation into sections of the Sports Act as the federation boss Nick Mwendwa argued that it could have been unrealistic to have more than 6,000 clubs in the country to comply with the Act in a short time since only about 21 had so far complied with the Act.
In the process, a number of sub-branches and selected individuals asked to be enjoined in the case, with other concerns on the polls, making it a tough balancing act for Ohaga going into today’s ruling.
Ohaga’s options are limited, especially after he nullified initial FKF polls in December citing irregularities in the appointment of the Electoral Board members.
World football governing body Fifa expects the polls to be settled by the end of this month and may be by virtue of that, Ohaga may allow the federation to continue with the exercise as it sorts out other underlying issues, to avoid Fifa’s wrath.
SDT may also decide to nullify the elections once again, given that sub branches were still overlooked in the exercise that began on Saturday with the County polls, even before today’s crucial ruling was made.
A section of football leaders accused Mwendwa of convening an illegal Special General Meeting in December which incorporated a new Electoral Code and established another Electoral Board. Critics have slammed the Federation for acting in contravention of sporting ideals and took issue with the National Executive Council for locking out other participants through stringent nomination rules.
The Office of the Registrar in turn called on FKF to involve all stakeholders from the Sub-branches in the elections or otherwise the process be quashed altogether.
Sports lawyer Salim Ndeda believes that Ohaga must stick with the constitution and not be swayed by emotions or football politics.
“It is a sensitive matter but at the same time the SDT chairman has a golden opportunity to ensure that his word is directed and shielded by the law. He will obviously look at merits and demerits of the case and prod over the arguments. However importantly, he must be seen to be impartial and above board,” Ndeda said.
FKF Electoral Board chairperson Kentice Tikolo said she believes today’s decision will help them move forward.
“We have shifted our attention based on the FIFA deadline and so we are on course with preparations. However, we will abide by whatever decision coming from the SDT as an independent legal organ,” she said.
