This archive report was first published on 9 December 2019.
On December 9, 2019, the Sports Disputes Tribunal delivered a landmark ruling on the pending Football Kenya Federation (FKF) elections, which may have far-reaching implications for the country.
Indeed, elections in Kenya are often a matter of life and death, with every candidate confident of winning, regardless of their level of support. However, the incumbents often view their opponents as a nuisance, an incessant irritant that must be eliminated.
Just a few weeks ago, those in power were celebrating their 'technically elected' positions and hastily arranged branch elections, which were marred by impunity. However, the sports Tribunal saw through the chicanery and ruled that the two officials, Elina Shiveka and Edwin Wamukoya, were ineligible to sit on the electoral board due to their positions as members of the Sports Disputes Tribunal and their previous service on the electoral board.
The Tribunal also found that the Electoral Code was adopted without stakeholder engagement and that members of the board were chosen without involving them. This meant that the incumbents at FKF were both the candidates and the judges of the process, setting the rules and supervising the elections without shame.
However, the Tribunal recognized the inherent bias in the process and ruled that FKF could not be a judge in its own case. The ruling stated, 'The tribunal recognises that the FKF is itself a party in both appeals and fully abides by the principles of natural justice that requires that a party cannot be a judge in its own case.'
As the elections approach, it remains to be seen whether the incumbents will try to stay in power by any means necessary. However, all stakeholders hope for a fair playing ground and justice in treatment. Ultimately, the goal is for the winner to improve Kenyan football, which has been mismanaged by ultra-hungry individuals for a long time.
We thank the SDT for a job well done.
