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Sports Dispute Tribunal Chairman John Ohaga in a past ruling. Photo/RAYMOND MAKHAYA

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FKF illegally in office, rules Sports Tribunal

Sports Dispute Tribunal chairman John Ohaga issuing the eagerly awaited ruling that saw him request FIFA to appoint a normalisation committee. Photo/RAYMOND MAKHAYA

NAIROBI, Kenya, Mar 17 – The state of Kenyan football has been thrown into a turmoil after the Sport Dispute Tribunal requested world governing body, FIFA to appoint a normalisation committee after the term of the current Football Kenya Federation (FKF) regime elapsed.

In the eagerly awaited ruling delivered on Tuesday, Sports Dispute Tribunal Chairman John Ohaga also quashed the branch elections that had earlier held, even though he upheld the Football Kenya Federation (FKF) Electoral Board. Ohaga also declared the intended presidential elections unlawful.

In justifying the orders, Ohaga, who made the landmark ruling through a video conference in a bid to mitigate measures of spread of coronavirus, said that FKF breached Sports Acts and the Kenyan Constitution law of free and fair elections by imposing the eligibility criteria that was designed to lock out potential aspirants.

Sports Dispute Tribunal Chairman John Ohaga taking notes. Photo/RAYMOND MAKHAYA

“The eligibility criteria at section 4 of 2020 Electoral Code are unreasonable and designed to lock out potential aspirants and is therefore a violation of free and fair elections in accordance with the Sports Act 2013 and constitution of Kenya 2010,” Ohaga declared.

He continued; “Therefore, an order is issued declaring the intended elections and the process towards those elections unlawful to noncompliance to article 38 and 81 of the constitution of Kenya.”

“Declaration is that term of office of FKF National Executive Board (NEC) is at an end and a request that FIFA appoints a normalization committee for the purpose of inter earlier holding elections of FKF,” Ohada ruled.

FKF boss Nick Mwendwa said in a rejoinder that the federation will abide by what FIFA will direct . Photo/RAYMOND MAKHAYA

Ohaga sated that the registered clubs manded to vote are eligible to participate in the elections and that FKF breached no law in convening the Special General Meeting as well as the public participation that met the threshold.

FKF had conducted the branch elections over the weekend, electing new office bearers; the Chairman, Secretary and Treasure.  

In a rejoinder, FKF through a statement said it will share the ruling with FIFA to get a way forward.

FKF Chief Nick Mwendwa was disappointed with the ruling that cancelled the national elections. Photo/RAYMOND MAKHAYA

“Football Kenya Federation has been informed of the Sports Dispute Tribunal (SDT) decision to cancel the FKF elections and end the term of the federation’s National Executive Committee. In this regard, the federation will formally share the SDT ruling with FIFA upon receipt, for a way forward,” the federation CEO Barry Otieno said.

He added, “In the meantime, the FKF president remains in office and will continue to discharge his duties, as per the FKF constitution, this even as the federation continues to engage FIFA on the way forward.”

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