In Summary
  • Interestingly though, several sports bodies including Athletics Kenya, Kenya Rugby Union and Kenya Swimming Federation are yet to be fully compliant with the sports act seven years since it was enacted.
  • “(FKF president) Nick Mwendwa has been at the helm for four years but did not find it necessary to follow the law and comply with the act. If we break the law now, we risk setting a dangerous precedent,” argued former FKF vice-chairman Twaha Mbarak.

Sports Disputes Tribunal (SDT) Chairman John Ohaga on Wednesday begins to arbitrate arguably his biggest case yet — one pitting Football Kenya Federation against the Sports Registrar over compliance with the Sports Act 2010.

In the landmark case which is set for hearing on Wednesday from 2pm, Ohaga will be required to give direction over the overdue FKF elections even as the federation appears reluctant to comply with the Sports Act and keen to conduct the process under their own constitution.

In the case, FKF secretary-general Barry Otieno has accused Sports Registrar Rose Wasike of being a stumbling block in their quest to conduct elections.

Otieno is thus seeking orders to, among other things, have the polls conducted as per the FKF constitution, while overlooking some of the requirements stipulated in the Sports Act.

It is a move Wasike disagrees with despite consultations on the same having been held between herself, Fifa Governance representative Sara Solemale, Sports Cabinet Secretary Amina Mohammed and Ohaga since last year.

Wasike has since advised Otieno to petition the SDT to allow them conduct the polls on their own terms if they are unable or unwilling to comply with the laws of the land.

In a letter addressed to Otieno and seen by Nation Sport, Wasike states that she says she is reluctant to be part of a deal agreed between Amina and FKF, which allows the latter to sidestep some requirements of the Sports Act in the elections scheduled for next month.

“This is not proper as it contravenes the current law provisions of the Sports Act as well as the Sports Registrar rules and regulations.

The idea was against my advice. It is my request that you seek a court order from the Sports Disputes Tribunal to authenticate and endorse your request," Wasike says in her letter.

Interestingly though, several sports bodies including Athletics Kenya, Kenya Rugby Union and Kenya Swimming Federation are yet to be fully compliant with the sports act seven years since it was enacted.

“(FKF president) Nick Mwendwa has been at the helm for four years but did not find it necessary to follow the law and comply with the act. If we break the law now, we risk setting a dangerous precedent,” argued former FKF vice-chairman Twaha Mbarak.