Sports Disputes Tribunal ruling a recipe for more confusion

The Sports Disputes Tribunal (SDT) ruling made on Tuesday 17 March has put the country in a spin and a state of confusion as there is no clear-cut judgment that was delivered.

The SDT chairman, John Ohaga, in giving the ruling goofed and made contradictory declarations especially as it called for the formation of a Normalisation Committee to pave way for the Football Kenya Federation (FKF) elections.

Request, Order

In the ruling Ohaga, requested FIFA to form the Normalisation Committee but didn’t direct or order the world football governing body to take the instructions.

To request is to ask something to be given or done, especially as a favor or courtesy; solicitation or petition.

To order is issuing instructions that must be followed and to direct is to order someone, especially officially. This means that it will be at the discretion of FIFA to accept or reject this request by SDT.

Legitimized 

In the ruling, the Tribunal legitimized the electoral process by stating that the Special General Meeting, of January 28, 2020 which passed the Electoral Code and approved the Electoral Board was properly convened and constituted, together with the month-long public participation that sieved through the Electoral Code.

The tribunal legitimized the SGM Electoral Code and Board which were a precursor to the branch and national polls but then went ahead to contradict itself by declaring the forthcoming national elections and the process towards these polls as illegitimate.

Beats logic

Ohaga went ahead to declare the term of the FKF NEC expired, with the elections just around the corner, precisely 10 days away from ushering in a new office, with a fresh mandate.

The tribunal made that decision in a situation where there was neither an election dispute nor the office overstaying its term or trying to hang on to power by not organizing elections or in a power vacuum.

It beats logic that instead of allowing the process which was almost over to proceed to a conclusion, the SDT chair pulled this move in complete disregard of the resources used to organize the polls.

Tedious process

The process of holding fresh polls is tedious, time-consuming and expensive especially when there is a need for more resources to be dedicated to promoting football.

It’s clear that the majority of football stakeholders who include FKF branches, FKF sub branches and clubs want the scheduled election to continue, as opposed to conducting repeat elections for the third time.