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FKF elections nullified

Tuesday December 3 2019

Football Kenya Federation President Nick Mwendwa reacts during the hearing of a case challenging several aspects of the electoral code of the Football Kenya Federation Electoral board on November 19, 2019 at the National Social Security Fund (NSSF) Building, Nairobi. PHOTO | CHRIS OMOLLO |

Football Kenya Federation President Nick Mwendwa reacts during the hearing of a case challenging several aspects of the electoral code of the Football Kenya Federation Electoral board on November 19, 2019 at the National Social Security Fund (NSSF) Building, Nairobi. PHOTO | CHRIS OMOLLO |  NATION MEDIA GROUP

DAVID KWALIMWA
By DAVID KWALIMWA
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The Sports Disputes Tribunal (SDT) has cancelled the Football Kenya Federation elections which were set for Saturday.

In a ruling delivered by SDT chairman John Ohaga on Tuesday, there wasn't enough public participation on the elections.

He also ruled FKF's Electoral Board was not properly constituted as Elynah Shiveka isn't eligible to sit on it.

Ohaga also cancelled the branch elections which were conducted last week in his twenty-seven-page ruling.

"An order that Football Kenya Federation Presidential elections to be held on 7th December 2019 is hereby cancelled," he ruled.

Further, Ohaga ordered FKF president Nick Mwendwa, his Deputy Doris Petra, and the National Executive Committee (NEC) members to remain in office to facilitate fresh elections.

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He did not provide timelines as to when the fresh elections must be held, even though he quoted Fifa Standard Electoral Code which states that the Electoral Body requires six months to conduct elections.

Ohaga and his panel comprising Njeri Onyango and Mary Kimani made the ruling in a case filed by seven aspirants in these elections.

They are Jared Nyauma Ondieki, Samson Keengu Nyamweya, Lordvick Aduda, Alex Ole Magelo, Moses Akaranga, Steve Mburu and Angeline Mwikali.

The seven sought orders to reschedule the election time-table, nullify the appointment of Edwin Wamukoya and Elynah Shiveka to FKF’s Electoral Board, and also quash the FKF Electoral Code 2019 claiming it consisted ‘draconian’ rules which indirectly barred them from contesting.

“We respect the ruling but are not happy with it because we followed all the procedures (to organize elections),” said Mwendwa. “The decision favours three people against 6000 clubs. Our options are open because 300 people have spent money in the exercise. We can appeal this decision.”

In the ruling, Ohaga also pointed out that FKF did not exhaustively engage its stakeholders in the run-up to the polls.

“Whereas FKF claims to have engaged stakeholders, it has failed to demonstrate what steps it took to ensure adequate, timely and reasonable access of the Electoral Code to its members.”

The appointment of Elynah Shiveka to FKF’s Electoral Board is another issue Ohaga disagreed with. Shiveka is a member of the SDT.

“We hold that Elynah Shiveka is not eligible to sit in the Electoral Board. The Board is thus, improperly constituted by virtue of Shiveka and Edwin Wamukoya sitting in it. It is the improperly incostituted board that received nominations for candidature for elections of all posts within FKF.”

Ohaga’s ruling comes a week after the Sports Registrar requested FKF to call of the elections.

"It is not proper for Football Kenya Federation to hold elections for County Sports Associations that have not registered in my office and also use non-existent County Sports Associations to vote in officials of Football Kenya Federation," the Registrar's letter reads in part.

FKF defied this request. Another similar case at the High Court challenging the Electoral Board is set for mention in February.

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