SDT to give further directions today over FKF election impasse

Sports Disputes Tribunal chairman John Ohaga (L) during the hearing of a case challenging several aspects of the electoral code of the Football Kenya Federation Electoral board at the Nairobi law courts on February 25, 2020. [Photo: Stafford Ondego]

The Sports Disputes Tribunal (SDT) is this afternoon set to give further directions on its March 17 ruling that nullified Football Kenya Federation (FKF) elections.

The SDT also ruled the term of office of Nick Mwendwa and FKF’s National Executive Committee had ended.

However, the John Ohaga-led panel finds itself in tricky situation after world football governing body, Fifa, rejected its request to form a normalisation committee to manage the affairs of FKF and organise free and fair elections.

Fifa said on March 25 that the tribunal’s ruling had no legal effect on it.

Through its Chief Member Associations Officer, Veron Mosengo-Omba, Fifa rubbished the decision sending home Mwendwa and the NEC saying they remained in office.

The SDT, however, has stood its ground saying their ruling was in accordance with the Kenyan law and any disagreement with the decision can only be challenged at the Court of Arbitration for  Sport in Lausanne, Switzerland.

Tribunal chair, John Ohaga said at the time that, “the Tribunal has made a decision. If Fifa are unhappy, they can appeal at CAS.”

Several stakeholders have also backed Sports Cabinet Secretary Amb. Amina Mohammed, who said that Kenya is a country governned by the rule of law and the sanctity of Kenyan legislation.

“Im a strong believer in the rule of law and the integrity of the SDT,” Amb. Amina said at the time. Several interested parties to the petition that led to the ruling, filed by FKF insist that the world body has no choice, but to form the normalisation committee “because the fact that elections were not held before expiry of term can only normalised through such action”.

“There cannot be two ways about it and the law is very clear on what should happen in a situation like this,” journalist Milton Nyakundi, who was enjoined in the case as an interested party said, adding that if what had happened in Trinidad & Tobago is anything to go by then Kenya’s case is rather obvious.

“If they did what they did in Trinidad only five months after credible elections then one wonders what they are waiting for in the case of FKF which did not hold the polls. Unless there are other interests other than what we already know.”