Sports
Nyamweya, Musonye, Magelo to Sue FKF Electoral Board over Polls
Former Football Kenya Federation (FKF) boss Sam Nyamweya has warned FKF Electoral Board with legal action if it goes ahead publishes the federation’s polls roadmap.
In a letter, addressed to the FKF Electoral Board, dated August 10th,2020, by Nyamweya’s lawyer Kerandi Manduku and Company Advocates demanded that electoral body withdraws the press statement, it made in regard to its intentions of releasing a roadmap for the elections.
“Kindly note that if you fail to comply with this demand, we have irrevocable instructions from our clients to institute legal proceedings against you for contempt at your peril as to costs and attendant consequences,” warned the legal counsel.
The demand letter has been issued by Nyamweya jointly with other aspiring presidential candidates including former Council of East and Central Africa Football Associations (Cecafa) secretary general Nicholas Musonye, Kenyan Premier League (KPL) champions Gor Mahia Ceo Lordvic Omondi Aduda and former Kenya Football Federation (KFF) vice chairman Twaha Mbarak.
The presidential hopefuls are the former KPL side AFC Leopards chairman Alex Ole Magelo and 2015 FKF Elections Board member Steve Mburu with two non-presidency candidates being former FKF National Executive Committee (NEC) Eastern representative Angeline Mwikali Benjamin and the federation’s Nyamweya’s regime chief executive
Michael Esakwa.
“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,” they said.
They said 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.
“The Sports Disputes Tribunal further declared that the term of office of FKF’s National Executive Committee had come to 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,” they said.
They added:“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.”
They said that any roadmap or regulation on FKF elections that is made without the involvement of Football stakeholders is unconstitutional and therefore null and void.
In the letter, they told off the Electoral Board by saying it has no authority or power to issue any regulations or roadmap on FKF elections as their mandate is limited to overseeing National and County Elections, and can also appoint an individual or institution to oversee sub-county elections.
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