The much-awaited decision by the Sports Dispute Tribunal on whether the Football Kenya Federation is in contempt of the tribunal, and that was expected on Thursday, has been deferred until next week.
The tenure of Nick Mwendwa and his entire National Executive Committee ended on 10 February 2020 though the former FKF boss has maintained that he is still in office “until a new president is elected”.
This forced the matter to be referred back to the arbitration chamber for interpretation of Article 37 (a) of the FKF Constitution 2017.
The ruling on whether Mwendwa is in contempt of the tribunal and the way forward for the controversial FKF elections was expected Thursday.
But that will have to wait for another week as the Tribunal also battles other court cases in which it has been dragged into by the football stakeholders.
Currently, SDT is expected to respond to application filed at the High Court in Kericho by the Zoo FC duo of Kepha Ondati and Bernard Odhiambo and FKF official Alfred Kirui who sought orders to quash the SDT rules.
“The Tribunal was shortly thereafter served with Petition No. 1 of 2020 filed in the High Court at Kericho which effectively constituted a collateral challenge to the Tribunal’s decision of 17th March 2020,” John Ohaga, the Tribunal chairman said in a statement obtained by Kurunzi.
Too much on its plate
“As the Tribunal was named as a Respondent in the Petition, the Tribunal had to turn its attention to responding to this Petition.
“SDT was again, on Wednesday, served with an application seeking to quash these present proceedings in Nairobi Judicial Review Application No. 100 of 2020.”
According to Ohaga, the Tribunal currently has too much on its plate, forcing the postponment of the FKF case, whose arguments closed on 5th May, even as the chair remains firm that the destructions will not deter SDT from delivering justice.
“The Tribunal indicated that it would deliver its decision on the various pending applications today, 21st May. However, as you will all be aware, the parties continued to debate various issues arising from these applications well into the following week.
“The Tribunal recognizes the concerted efforts being made to divert its focus and to attempt to neuter it and will remain steadfast in exercising its jurisdiction to hear and determine matters brought before it whilst treating each party fairly, acting with integrity and in the best interests of the sporting community.”
“The reality is that responding to these collateral challenges take time and energy and as a result, the decision promised for today is not ready and will now be delivered on Thursday 28 May at 2.30 pm.”