Date set for Ruling on FKF vs Registrar case

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Football Kenya Federation president (FKF) Nick Mwendwa address delegates during the Special General Meeting at Safari Park hotel, Nairobi on January 28, 2020

The Sports Disputes Tribunal (SDT) on Tuesday, February 25 said it will make a ruling on the case pitting the Football Kenya Federation (FKF) against the Sports Registrar on March 17.

The Registrar started a storm when it wrote to FKF in November last year informing them that they had not complied with the applicable laws it is registered under when it called for elections.

The Sports Registry headed by Rose Wasike said: “It is not proper for FKF to hold elections for County Sports Associations that have not registered in my office and also use non-existent County Sports Associations to vote in officials.”

FKF immediately filed a petition seeking the Tribunal to find the Sports Registrar to have acted improperly. Consequently SDT chairman John Ohaga directed that all interested parties be served.

During a SDT hearing on Tuesday, the Registrar was questioned on delays in organisations, specifically FKF in conforming to the Sports Act.

SDT chair John Ohaga posed questions to the Registrar’s lawyer Martin Munene, mainly seeking to ascertain why these arrangements had taken more than 12 months to resolve.

According to Munene, FKF failed to meet specific conditions made available last year and were operating on an interim license. He also pointed out FKF gets authorisation to register counties from the Registrar, which, despite being reminded twice, failed to do so.

Last year, FIFA issued an ultimatum to FKF to hold its elections before the end of March.

FKF’s opponents are seeking to turn the tide against the football association for what they say is embarrassing FIFA and the government of Kenya by refusing to deliberately comply with the Sports Act 2013 and FIFA Statutes as directed by Sarah Solemale (FIFA Governance Services Manager) when she visited Kenya in December last year.

“After the FIFA delegation left, they (FKF) claimed to have had a deal allowing them to proceed with the elections, how come they took the Registrar to the tribunal for insisting on strict compliance with the Act with which they were conditionally registered?” said Elly Mukolwe, a former FKF Western NEC representative.

Lordvick Aduda, an FKF presidential aspirant, said the Tribunal decreed on December 22, 2015, that FKF makes immediate arrangements to comply with the Tribunal’s order to register under the Sports Act.

“Ohaga’s decree was clear that FKF complies as required by law and that such compliance must be undertaken on or before Friday, December 4, 2015. Can FKF demonstrate they took steps to comply? Better still, can FKF show that Hon Ohaga set aside the decree?” Aduda said.