As a follow up to its ruling on March 17, 2020, as well as its further directions thereafter, the Tribunal convened a “stakeholders” forum on Tuesday, June 2, 2020, via a video link, to among other things, get views on how the elections should be conducted.
FKF was not a Sports Disputes Tribunal party to the forum, backed by a letter dated June 1, 2020, sent to the tribunal, which read in part: “Ideally, a mediation process is party-driven and voluntary. Usually, negotiations in mediation are undertaken before an impartial and neutral third party without decision-making powers. In any event, the stakeholders of football in Kenya comprise of many other parties and entities outside these proceedings.”
FKF President Nick Mwendwa, in a press conference convened on Wednesday, June 3, 2020, asserted that the Federation will await FIFA’s direction, as was communicated by the World Governing Body in a letter dated March 25, 2020.
FKF is an institution bound by its constitution as well as the FIFA statutes,” he said.
We received the SDT’s ruling on March 17, 2020, and its further directions, and have abided by them, in good faith. FIFA has likewise been clear in its reply to us on the issue. We will, therefore, await its (FIFA) direction on the matter,” added the FKF President.
The Board was mandated with conducting repeat elections, which were scheduled for March 14, 2020 (County Elections), and March 27, 2020 (National Elections).
In a suit filed by the Federation against the Registrar of Sports, and which interested parties, listed as challengers, were also enjoined, the SDT moved to yet again cancel the national elections that had been scheduled for March 27, 2020.
The tribunal cited punitive eligibility criteria in Section 4 of the FKF Electoral Code, one that had undergone proper public participation as alluded to by the tribunal in its ruling, and had been passed by the Federation’s General Assembly as is required by the FKF Constitution.
SDT also moved to disband the Federation’s National Executive Committee, a move that World Governing Body FIFA, however, did not agree with, in its letter dated March 25, 2020.
Following this latest development, FKF now awaits FIFA’s position on the elections, subject to the global Covid-19 pandemic, which has grossly affected football activities.