The Sports Dispute Tribunal (SDT) has on Tuesday 17 March annulled, for the second time, the Football Kenya Federation (FKF) national elections that were set for March 25th after it found the eligibility criteria set aside for aspirants in FKF’s Electoral Code in breach of the Sports Act.
Led by Judge John Ohanga, the Tribunal gave out its ruling where it also asked world governing body FIFA to intervene and set-up mechanisms where a Normalization Committee can take up FKF’s affairs as its (federation) time in office had already elapsed.
The Tribunal also disbanded the National Executive Committee (NEC).
The ruling was being made via video link as a cautionary measure in the wake of the Corona Virus outbreak.
“The Tribunal agrees that the eligibility criteria is a limitation of the challengers’ political rights as enshrined under Article 38 of the Constitution,” Justice Ohanga said, “No justification has been offered by FKF for the limitations introduced in the Code; and even if such limitation was justified, it would have had to be incorporated into the FKF Constitution 2017 and notified to the members and potential candidates within such period as would allow them to bring themselves within the eligibility criteria.”
“The eligibility criteria at Section 4 of the 2020 Electoral Code are unreasonable and designed to lock out potential aspirants and is therefore a gross violation of the principle of free and fair elections contemplated by Section 46 (6) as read with Paragraph (d) of the Second Schedule to the Sports Act and Article 81 of the Constitution of Kenya 2010.”
On its part, FKF says it will petition FIFA and try to find a suitable way forward.
Football Kenya Federation has been informed of the Sports Dispute Tribunal (SDT) decision to cancel the national elections and cancel the term of the National Executive Committee.
In this regard the federation will formally share the SDT’s ruling with FIFA upon receipt, for a way forward.
In the meantime 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 – a statement sent to media house and signed by FKF CEO Barry Otieno reads.