High Court insulates FKF from SDT proceedings


OHAGA

In Summary

  • The High Court of Mombasa has on Tuesday temporarily stopped all proceedings against Football Kenya Federation (FKF) at the Sports Disputes Tribunal (SDT).
  • The orders granted are to lapse on June 29, meaning within the window, FKF can resume the electoral process that was stopped by the SDT in March.

The High Court of Kenya, Mombasa has on Tuesday temporarily stopped all proceedings against Football Kenya Federation (FKF) at the Sports Disputes Tribunal (SDT).

The orders granted are to lapse on June 29 when the matter will be mentioned, meaning within the window, FKF can resume the electoral process that was stopped by the SDT in March.

The orders also mean the case in which the Kenya Premier League is seeking resumption of the Premier League against FKF’s declaration to end the season owing to COVID-19 pandemic, is stalled in the meantime.

This follows a petition by Gabriel Mghendi (FKF Coast National Executive Committee) and Lilian Nadundu, as the first and second petitioners respectively constitutionality the authority of the SDT to “arbitrate” on sports matters.

The Chief Justice of Kenya, the Chief Registrar of the Judiciary and the Attorney General are listed as the first, second and third respondents respectively, with the FKF and the Cabinet Secretary of Sports, Culture and Heritage as interested parties.

The petitioners argue that the SDT has overstepped its jurisdiction as established in the constitution, as “a subordinate court” to designate itself as an independent arbitration tribunal. This, as contained in their petition, has been happening without any moderation by the respondents.

 

“Most recently, the SDT in its decision in SDT Petition Number 3 of 2020 as consolidated with SDT Petition Number 5 of 2020 delivered on March 17, 2020, the SDT  for the second time in a row halted the elections of FKF  and purported to strike down the entire section 4 of the FKF Electoral Code that was duly enacted and adopted by the members of FKF at the SGM held on 28th January, 2020 and the unlawfully  removed the FKF National Executive Committee from office,” read part of the petition.

Another part read, “the respondents have over time countenanced the continued violation of the constitution of Kenya by by allowing SDT to cloth itself with arbitral authority by arrogating to itself arbitral jurisdiction of matters it has no authority over and per incurium.

This comes just weeks after the FKF president Nick Mwendwa accused the SDT chairman John Ohaga for “meddling” with the football running in the country.

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Story By Jacob Icia
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