Several FKF presidential aspirants have come together and warned the federation’s Electoral Board against associating itself with the polls organized by the outgoing office.
In the order from a law firm called Kerandi Manduku & Company, the candidates argued the outgoing office has no legal mandate to form the body to oversee the elections after the Sports Disputes Tribunal ruled the term of the National Executive Committee had expired.
The Electoral Board, under the leadership of Kentice Tikolo, had announced it would communicate the election’s roadmap on Tuesday August 11, but it has been warned against that since it will be in contempt of the SDT ruling.
Here is the letter to the Board dated August 10 and obtained by SPORTS AFRICA.
“We act for Samson Nyamweya Keengu, Lordvic Omondi Aduda, Michael Esakwa, Alex Ole Magelo, Steve Mburu, Twaha Mbarak, Nicholas Musonye and Angeline Mwikali Elijah who we will herein refer to as “Our clients” who have instructed us to address you as hereunder;
1. That on the 17th of March 2020, the Sports Disputes Tribunal delivered its ruling in SDT 3 and 5 of 2020, facts of which you are well aware of or ought to be aware of.
2. That in its ruling, the Sports Disputes Tribunal nullified the entire intended FKF elections and also declared the eligibility criteria at section 4 of the 2019/20 FKF electoral code unconstitutional and further issued orders declaring the intended elections and the process towards these elections unlawful for non-compliance with Article 38 and 81 of the Constitution of Kenya;
3. That the Sports Disputes Tribunal further declared that the term of office of FKF’s National Executive Committee at an end and that the bodies established under the Electoral Code such as the Electoral Board and the Appeals Board remain validly in place and will await the appointment of a normalization committee before they can resume their work;
4. That we are cognizant of the fact that vide a letter dated 25th March 2020, Fifa rejected to form a normalization committee and instead stated that FIFA is ready to meet as soon as possible with the FKF, the SDT representative(s), the Minister of Sport and any other relevant stakeholders in order to find a way forward, this is yet to happen.
5. That on the 6th of August 2020 you dispatched a press statement claiming that you are in receipt of communication from FIFA with directions on the pending FKF Elections and will consequently publish a road map and regulations to be used in overseeing the said elections, it is not clear how and when Fifa’s position changed.
6. That our clients legitimately expected that before the roadmap and regulations to be used in overseeing the said elections are set or published, there would have been stakeholder engagements on the same.
We wish to bring to your attention that:
a) Pursuant to the ruling of the Sports Dispute Tribunal, the entire electoral process was nullified and you can therefore not purport to publish a road map and regulations on “pending” elections as the entire process was nullified therefore the entire process has to be done afresh.
b) That you have no authority or power to issue any regulations or roadmap on FKF elections as your mandate is limited to overseeing National and County Elections, and you can also appoint an individual or institution to oversee sub-county elections.
c) That the ruling of the Sports Disputes Tribunal is still in place and therefore you cannot resume your work until there the rules of engagement of the elections are established by the stakeholders.
d) That any roadmap or regulation on FKF elections that are made without the involvement of Football stakeholders is unconstitutional and therefore null and void.
e) That any roadmap or regulation on FKF elections that are made in contravention with the ruling of the Sports Disputes Tribunal in SDT 3 and 5 of 2020 is contemptuous. We are therefore instructed to demand that you immediately withdraw your press statement of 6th August 2020 and that you cease and desist from making further contemptuous statements or action.
Kindly note that if you fail to comply with this demand, we have irrevocable instructions from our clients to institute legal proceedings against you at your peril as to costs and attendant consequences.”