Tribunal reinstates Cricket Kenya treasurer

Cricket Kenya treasurer Kalpesh Solanki. [File, Standard] A Sports Dispute Tribunal has ordered the reinstatement of Kalpesh Solanki as Cricket Kenya treasurer and as a signatory of the account after unlawful dismissal. The tribunal led by Justices Elynan Sifuna, Gabriel Ouko, and Gichuru Kiplagat said the board did not have the powers to suspend Solanki. "The board has powers to suspend a County Cricket Association but does not have powers to suspend members of the board or members, as the case may be. This power can only be exercised by the council. The tribunal finds that the board acted ultra vires its powers and authority," said Justice Sifuna. Further, the tribunal said that the board did not accord Solanki a fair hearing and sufficient time to defend himself against charges leveled against him. The judges said the board failed to afford Solanki due process. "The tribunal also finds that the counterclaim by the board (respondents) has not been particularized to make it possible for the tribunal to make an appropriate determination," said Justice Sifuna. Solanki sued Cricket Kenya, the club's chief executive officer Ronald Bukusi, and board members Kennedy Otieno Obuya, Peralyne Omamo, Thomas Odoyo, Beryl Oyugi, Mary Maina Tariq Iqbal. He argued that he has been actively involved with cricket since 1996 and he was elected officially to the board as a development director in 2012 to oversee grassroots cricket within various counties in Kenya in order to promote cricket. Solanki told the tribunal that during the February 2022 elections, he was voted in as the treasurer of Cricket Kenya, a post he served diligently until his unlawful suspension on August 28, 2024. Solanki said that the provisions of the Cricket Kenya Constitution were not adhered to with respect to the board and that his suspension came as an utter shock because it was never mentioned prior to a board meeting. "When the agenda was shared, it did not have an item on his suspension and was only proposed on the floor of the session as forming part of the day's agenda. This was utter shock to him, as he found it as a trial by ambush," said Solanki's lawyer, Dastan Omari. The Cricket Kenya treasurer argued that he carried out his duties faithfully and diligently and attended meetings. He also said that his insistence that the process for expending funds be followed and the use of checks instead of cash led to a backlash with the board members. Solanki claimed that some of the board members have integrity issues that have not been resolved, and while he is on suspension, none of them have been suspended. He said that the suspension goes against the tenets of natural justice, as those behind it intend to form a committee to investigate him on the alleged irregularities in CK payments. In response, the Cricket Kenya board said Solanki is still the treasurer and that he was lawfully suspended to allow for investigations into allegations of malpractice within his docket, as he did not serve the role diligently. The board accused Solanki of allegedly paying himself approximately Sh2 million in allowances for the Jersey Tournament without approval from the board and that he made a further payment to Kuben Pillay of about Sh900,000 to incentivize him, leading to his suspension by the International Cricket Council (ICC). The board accused the treasurer of failing to abide by court orders to release Sh6,936,073.49 to the Kenya Men's National Cricket Team even after proper accounting. The board claimed that the treasurer placed funds from one of Cricket Kenya's sponsors in Prime Bank Ltd. Kenya without disclosing to the board or auditors and that the accounts for the Jersey Tournament were flagged as irregular by Cricket Kenya's auditors. Solanki was accused of declining to provide quarterly reports to the board on the financial status of Cricket Kenya, contrary to Article 8.5.5(c) of the CK constitution. The board alleged that Solanki had a dubious reputation and had been suspended as a member of Nairobi Gymkhana Club, which is the subject of a constitutional court case filed in 2023.

Tribunal reinstates Cricket Kenya treasurer

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