High Court, tribunal set election dispute hearing dates

What you need to know:

  • The Sports Registrar has clear guidelines in matters pertaining to elections in sports federations.
  • A sports organisation seeking to conduct elections should appoint an independent panel consisting of at least five members to conduct the election.
  • They are also expected to conduct the election in an open, free and fair environment.

The High Court and Sports Disputes Tribunal (SDT) have set hearing dates on two cases challenging the composition of the Football Kenya Federation (FKF) Elections Board.

The petitioners, Jared Ondieki, an FKF sub-branch official from Nyamira and George Mwaura had filed cases at the SDT and High Court respectively seeking orders to stop the upcoming elections until the issues they are raising are addressed – mainly the composition of the board and the electoral code that was adopted during the FKF Annual General Meeting (AGM).

Although the petitioners are different, they presented a similar case and want Professor Edwin Wamukoya and Elynah Shiveka, the polls Chairman and member respectively, ejected over what they term as conflict of interest. Wamukoya has in the past sat in the FKF Appeals Committee while Shiveka is the SDT vice chairperson.

APPEAL REJECTED

At the SDT on Tuesday, John Ohaga, the tribunal’s chair, also rejected Ondieki’s appeal to have the sub-branches involved in the upcoming elections citing FKF’s amended constitution which is in line with the Sports Act requirements that a sports federation should have representation across all counties.

Elvis Majani, representing the federation, also argued that the petitioner had not exhausted all internal conflict resolution avenues and therefore wanted the whole case thrown out. However, Ohaga accepted the petition and set November 5th as the hearing date for the case challenging the composition of the board.

At the High Court on Wednesday, Elvis Majani, representing the federation, filed a preliminary objection on the case arguing that the petitioner, George Mwaura, lacks locus standi (the right or capacity to bring an action or to appear in a court) to take FKF to court since he is not a member of the federation and also urged the court to throw out the case since it does not have the jurisdiction to handle sports case – SDT does.

Justice Pauline Nyamweya gave Purity Mureithi, the advocate representing the petitioner, 21 days to respond to the objection. The case will be mentioned for direction on November 20th.

The Sports Registrar has clear guidelines in matters pertaining to elections in sports federations. A sports organisation seeking to conduct elections should appoint an independent panel consisting of at least five members to conduct the election. They are also expected to conduct the election in an open, free and fair environment.