Last updated 7 months ago | By Robin Toskin
Football Kenya Federation elections will not take place as planned on November 23 if a letter by the Sports Registrar to the federation is anything to go by.
This revelation came as the hearing of two petitions that challenged the electoral process, the rules and composition of the electoral board continued at the Sports Disputes Tribunal (SDT) in Nairobi yesterday.
At the end of submissions by the parties, SDT chairman John Ohaga brought to the attention of the parties that a letter from Registrar Rose Wasike, dated November 15 had effectively cancelled the elections that FKF lawyers had insist would be on.
“The reason for the cancellation of the elections is non-registration of county sports associations, who are supposed to elect the officials of FKF,” Ms. Wasike stated in the letter received at the SDT on November 18.
“Please refer to section 47 of the Sports Act, which states that the Sports Registrar should register Sports organisations as a sports club, county sports association or a national organisation.”
In her letter, Wasike had lamented how FKF boss Nick Mwendwa had ignored several summons following her previous letters, to the FA, of October 25 and 1 November 1.
“Several times I called the chairman of the organization... to come to my office for advise on the election procedure before I even wrote the letter of October 25, but he never turned up.
“He only turned up on November 1 after receiving my letter whereupon he promised to send me a letter with a commitment that you will cancel the elections scheduled for November 23, 2019 to allow time to register county sports associations that will vote officials of FKF in.”
She said she had been left with no option, but to cancel the poll until the requirements are met.
Earlier during the hearing, the SDT heard petitions by Jared Nyauma (Nyamira sub-branch chairman) and former FKF boss Sam Nyamweya, Gor Mahia’s Lodvick Aduda, Alex ole Magelo, Moses Akaranga and Angeline Elijah challenging the legality of the polls.
In the submissions, the petitioners - through lawyers Charles Ouma and Stanley Manduku, in petitions 21/2019 & 24/2019, described the electoral process as being outrightly against the basics principles of democracy.
They argued, the regulations had been designed to eliminate competition thereby undermining, not just the FKF constitution but also Fifa statues, Fifa standard electoral code and the Constitution of Kenya 2010.
Mwendwa’s lawyers had a difficult time responding to the questions and severally had their presentations interrupted by Ohaga and other bench members - Njeri Onyango and Mary Muthoni.
They were unable to explain the legal basis for appointing Prof Wamukoya and Ms Shiveka, who were ineligible under the law and statutes to serve as members.
The tribunal will deliver its verdict on December 3, to rule on, among other issues, whether or not it had the jurisdiction to hear the matter and the validity of the entire electoral process.
When pressed to issue orders to stop Saturday’s polls, Ohaga simply said the Registrar had already pronounced herself on the matter and their role in that regard was “only appellate”.