Nyamweya: We smell a rat over FKF elections
Jun. 25, 2020
Former Football Kenya Federation president Sam Nyamweya has rubbished as ‘mischievous’ suggestions that the Sports Disputes Tribunal (SDT) ruling in Petition No3 and No 5 of 2020 have been temporarily rendered null avoid.
“It is a disturbing trend of misrepresenting court decisions and attempts to misuse the court process. It is not difficult to see where all these efforts to defeat justice are coming from,” Nyamweya said yesterday.
This is after the High Court of Mombasa yesterday extended temporary orders stopping all proceedings against FKF at the SDT in the wake of 11 judicial and staff members testing positive for COVID-19.
The Chief Justice David Maraga directed on June 19 that the courts in Mombasa be closed in conformity with the Ministry of Health directives until July 3, when the situation will be reviewed.
Two former FKF officials had obtained interim orders from the High Court in Mombasa on June 16 stopping the SDT from hearing current and future cases touching on the FA until their suit challenging the constitutionality of the Tribunal to “arbitrate” on sports matters. The orders were set to expire on June 29.
In a statement to the media, Nyamweya, who has declared his intent to vie for FKF presidency, said: “We, the football stakeholders, wish to state that the High Court in Mombasa never revoked the orders of the Sports Disputes Tribunal in Petition No3 and No 5 of 2020.”
The statement added: “That FKF never appealed against the ruling of the Sports Disputes Tribunal in Petition No 3 and 5 of 2020. And so, the orders declaring the FKF County elections invalid, null and void stands.”
Another FKF presidential aspirant Lordvick Aduda said the deliberate erroneous misreporting of a court process was a misguided intent to alter the course of justice.
“No amount of gerrymandering of issues at hand will change the fact the term of office of FKF NEC as stipulated in the FKF Constitution, the Fifa Statutes and the Sports Act will change anything,” Aduda said.
“The Mombasa High Court orders were specific about current and future petitions. The order only affects the Kenyan Premier League versus FKF and not the SDT ruling in Petition No3 and No 5 of 2020,” he said.
The term of office of the FKF Executive Committee ended on February 10 leaving the FA without a substantive leadership following bungled elections. SDT, twice, nullified by the Sports Tribunal for violating the Fifa Standard Electoral Code and section 46 (6) as read with Paragraph (d) of the Second Schedule to the Sports Act and Article 81 of the Constitution of Kenya 2010.
Aduda said: “People sympathetic with former FKF officials had filed cases at High Courts in Kericho, Murang’a and Mombasa against the Attorney General and Chief Justice, who all reside in Nairobi.”
“They want to choose the Court and the judges in a desperate attempt to defeat justice.”
Nyamweya said the stakeholders were alert and will fight to remedy the situation by reviewing section four of the FKF electoral code 2020 and aligning it to the constitution of Kenya 2020 and the Sports Act No 25 of 2013.
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