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FKF elections hang in balance – Weekly Citizen

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The eagerly awaited Football Kenya Federations elections hang in the balance after the game was switched from the playing field to the Sports Disputes Tribunal pitting FKF president Nick Mwendwa on one side and subbranches which he has locked out of the coming elections in total disregard of Fifa Statutes, Constitution of Kenya, Sports Act 2013 and FKF Constitution 2015 on the other side.

Mwendwa

A section of the subbranches have since moved to SDT through two clubs – Bondeni FC and Cheptiret United FC – to challenge the move by Mwendwa to lock them out of the elections. The government through Sports Registrar Rosemary Wasike has lined up a legal team to challenge Mwendwa’s decision to sue the government seeking orders for SDT to be allowed to conduct sham elections without following the law.

With subbranches moving to SDT through the two clubs, preparations for the forthcoming football elections have been thrown into disarray and all eyes are now on lawyer John Ohaga who is the chairman of the tribunal for settling sports disputes in the country.

Things are getting elephant for Mwendwa and his entire executive committee since their term in office ended last Sunday and currently any move or any decision made by FKF national executive committee is illegal and not binding since it can be challenged at SDT and in any other court.

Amina

Days after FKF moved to the Sports Disputes Tribunal seeking to have directives issued by the Sports Registrar stopping its elections declared as “mala fides, unreasonable and unlawful”, the two clubs who have moved to SDT on behalf of FKF sub branches have sounded a death knell for Mwendwa and his regime of looting of funds from the government and sponsors and murder which has tarnished the image of the federation.

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The two clubs avers that the exclusion of FKF subbranches from the coming elections undermines their constitutional rights because as per Fifa Statutes, Sports Act 2013, Constitution of Kenya and FKF Constitution 2015 which STD ruled that will be relied and can only be changed after the elections gives them the right to participate and vote in the coming FKF Elections.

Ohaga

“The exclusion of clubs participating in sub-branch organised or subbranch authorised football competitions violates sections of the Sports Act 2013 as read with Article 81 of the Constitution of Kenya 2010 in that the same are neither free nor fair, nor based on universal suffrage,” the clubs said through their lawyers, Charles Ouma and Co Advocates.

With FKF having inaugurated an elections board and the electoral timetable that has kicked off and expected to end on April 4, the clubs want the Tribunal to dispose of the case before elections are conducted.

The move comes a day after FKF published a public notice in a national daily, as ordered by the Tribunal on February 6. The notice challenges among other issues, the Sports Registrar’s directives demanding the registration of constituent clubs/members of the sports federation as a mandatory requirement before conducting elections.



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