The panel moved to cancel the federation’s elections for the second time, citing the unconstitutionality of some parts of the electoral code
The SDT, on Tuesday, ruled the planned FKF presidential elections as null and void, saying the federation had no mandate to run the polls and that part of their Electoral Code was designed to lock out other participants.
“Tuesday 17th March 2020 will remain etched in the minds and hearts of the football family for a long time to come after the Sports Disputes Tribunal made a landmark ruling,” a statement, signed by Nyamweya on behalf of the stakeholders and obtained by Goal, read.
“The ruling is a masterpiece ruling, unprecedented in the sporting fraternity in Kenya and I dare say in the continent of Africa, and can only be compared to rulings delivered at Court of Arbitration of Sports in Lausanne Switzerland.”
The plaintiffs took issues with the passed FKF Electoral Code which they argued gave the incumbent, Nick Mwendwa, an advantage in the battle for the top seat during the polls, which had been scheduled for March 27.
“The ruling breathes life to the Sports Act 2013, it gives the sound legal and sporting interpretation of the contentious articles and provisions in the Sports Act and the Sports Registrar rules of 2016,” the statement added.
“It clearly outlines the principle of hierarchy of norms with regards to FKF Constitution, the Fifa statutes and regulations, Fifa standard Electoral Code, FKF Electoral Code, Sports Act 2013 and the Kenya Constitution 2010.
“The interesting and intriguing part was the challenge posed to the Sports Disputes Tribunal inviting it to interpret the Act that creates both the Sports Disputes Tribunal and the sister institution the office of the Sports Registrar, and the directives of the Sports Registrar to an entity that is registered under her office, and member clubs versus their mother federation.”
Additionally, the stakeholders termed the Tuesday ruling by Ohaga, Njeri Onyango and Mary Kimani as ‘Solomonic’ and welcomed the directive for Fifa to constitute a committee to undertake the electoral process anew.
“The panel did not disappoint but delivered a landmark ruling, with great caution, balance and Solomonic wisdom, miraculously dissecting the baby into two equal halves yet preserving the life of the baby,” concluded the statement.
“It is our hope that the road map proposed of instituting a normalization committee will finally deliver a free, fair and credible election at Football Kenya Federation.”
FKF stated they are waiting for Fifa’s response on the ruling in order to take the next step after their four-year term ended in February.