D-DAY FOR TOP LEAGUE: As Sports Tribunal set to oversee talks between FKF and KPL, Gor’s elections dispute continues
Football
By
Gilbert Wandera
| Jan 26, 2017
A decision on the size of this year’s Kenyan Premier League (KPL) will finally be made today.
The Sports Disputes Tribunal (SDT) will oversee talks between Football Kenya Federation (FKF) and KPL in a move aimed at breaking the stalemate. According to John Ohaga who chairs the SDT, they are disappointed that both parties have not been able to come to an agreement over the matter.
“We do not want this matter to drag any further and therefore we invite both parties on Thursday for talks to be overseen by us,” he said.
Lawyers for both sides did not object and promised to ensure their clients turn up. Earlier, Ken Ochieng appearing for FKF confirmed receiving copies of sponsorship contracts from Supersport and Sportpesa.
The tribunal had last week ordered KPL to make available the contracts in order to allow FKF know how much they are entitled to.
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Elsewhere, the tribunal has thrown out prayers by Gor Mahia to have a suit challenging the club’s elections be struck off.
The case was filed by 14 petitioners who are all supporters of Dan Okech who was one of the candidates for the chairman’s post during the recent club elections.
The case will now go for a full hearing on February 13.
Gor Mahia lawyer Geoffrey Obura argued that the case be thrown out on a technicality as, according to the Societies Act, the club cannot sue or be sued, and therefore there was no respondent in the case.
But the tribunal dismissed the argument and ordered for a full hearing in a move that could change the results of the elections.
“Having interrogated all the authorities relied on by the parties and the additional authorities set out and taken into consideration various principles of law, the tribunal is impelled to the conclusion that the definition of ‘person’ under Article 260 of the Constitution has the effect to widen the parameters within which the capacity of a party is to be constructed and necessarily overrides any construction of the provisions of the Societies Act,” tribunal chairman John Ohaga said in his ruling.
But Obura immediatley challenged the ruling and asked for a stay but this was dismissed as well.
The lawyer then threatened to go to the High Court to get his way.