This archive report was first published on 23 October 2019.
On October 23, 2019, the High Court and Sports Disputes Tribunal (SDT) set hearing dates on two cases challenging the composition of the Football Kenya Federation (FKF) Elections Board.
Two petitioners, Jared Ondieki, an FKF sub-branch official from Nyamira, and George Mwaura, had filed cases at the SDT and High Court respectively seeking orders to stop the upcoming elections until the issues they are raising are addressed.
The petitioners are challenging the composition of the board and the electoral code adopted during the FKF Annual General Meeting (AGM), citing conflict of interest by Professor Edwin Wamukoya, the polls Chairman, and Elynah Shiveka, the polls member, who have past affiliations with the FKF Appeals Committee and the SDT respectively.
At the SDT, John Ohaga, the tribunal's chair, rejected Ondieki's appeal to have the sub-branches involved in the upcoming elections, citing FKF's amended constitution and the Sports Act requirements.
However, Ohaga accepted the petition and set November 5th as the hearing date for the case challenging the composition of the board.
At the High Court, Elvis Majani, representing the federation, filed a preliminary objection on the case, arguing that Mwaura lacks locus standi to take FKF to court and that the court lacks jurisdiction to handle sports cases.
Justice Pauline Nyamweya gave Purity Mureithi, the advocate representing the petitioner, 21 days to respond to the objection, with the case to be mentioned for direction on November 20th.
