CS Amina welcomes Tribunal verdict, roots for rule of law

By Robin Toskin: Thursday, March 19th 2020 at 08:10 GMT +3 | Sports
Sports CS Amb. Amina Mohamed [COURTESY]

Sports CS Amb. Amina Mohamed has welcomed the Sports Disputes Tribunal’s landmark ruling that has triggered the end of the current term of office-bearers of the beleaguered Football Kenya Federation.

World football governing body, Fifa, is expected to issue the way forward today after the SDT declared that the intended elections and the process towards these elections were unlawful for non-compliance with Article 38 and 81 of the Constitution of Kenya.

The Sports Tribunal also declared that the term of office of the National Executive Committee ‘is at an end’ and invited Fifa to form a Normalisation Committee, whose mandate would include to run the daily affairs of FKF, to review the FKF Constitution 2017 and to organise and conduct elections for FKF.

Asked what she thought of the ruling, CS Amb. Amina said: “I am a strong believer in the rule of law and the integrity of the SDT.”

The highly respected former Foreign Affairs Secretary said she has not contacted Fifa because she appreciates the independence of the SDT and has respect for the world football governing body.

“We will give our position at an appropriate time, but the rule of law must be upheld at all times,” she said.

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The Cabinet Secretary’s position, however, came even as Nick Mwendwa vowed to stay put yesterday as the FKF supremo.

“Our constitution, as well as the ruling delivered yesterday (Tuesday), states that I remain in office. The Secretariat is also in the office, and football is still in the right direction,” Mwendwa said through a statement yesterday.

“All our arguments at the tribunal (against the registrar), have been upheld by the tribunal. Almost all of our cross petitioners’ arguments against us have also been dismissed,” said FKF President Nick Mwendwa.

“To our shock, the SDT Chair moved to nullify the entire election, after saying that the Electoral Board and Appeals Committee was proper and that we did proper public participation. We don’t agree with the decision but we will go by it and await Fifa’s directive,” he added.

But in a stinging rejoinder, FKF presidential aspirant Lordvick Aduda said Mwendwa was still in denial by invoking Article 43 (2) that says a president stays in office until a new President is elected.

“The Tribunal was clear that part of a proposed Normalisation Committee’s mandate would be to review the same Constitution, which he can no longer enforce because his term has expired.”

Aduda added: “The article is for purposes of transition while their term was still valid and not when the life of the NEC, which he is part of, has come to an end.”

“The FKF NEC comprises the president, vice-president, 8 regional representatives and Seceratry General/CEO who is an ex-officio.

“Article 42 (2) (i) spells out the functions of the president as being responsible for implementing the decisions passed by the General Assembly and the NEC the through the general secretariat.

“In this case, the life of NEC, which he is part of has come to an end. He, therefore, cannot discharge any duties or make legal decisions because all those must emanate from the NEC. So what is he saying?” Aduda posed.

 

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