The Football Kenya Federation Transition Committee should not have bypassed the Football Kenya Federation Standing Committees in the execution of their mandate, the Sports Dispute Tribunal (SDT) has ruled.On Tuesday, the tribunal faulted the FKF Transition Committee for turning a blind eye to the existing judicial bodies of the federation and forming their own when the season was almost coming to a close.The FKF Independent Disciplinary Committee, the Leagues & Competitions Committee, the Referees’ Committee, the Medical Committee, the Players’ Status Committee, and the Appointment Committee were listed as 1st to 6th interested parties in the petition in that order.”A declaration is hereby issued that the 1st to 6th Interested Parties herein are duly appointed and the current judicial bodies and standing committees of the Football Kenya Federation in so far as their mandate is prescribed under the FKF Constitution,” part of the ruling read.NSL clubs want FKF bodies allowed to resume their mandateSeven NSL sides and one Division One club had moved to court seeking intervention to have the Football Kenya Federation Transition Committee (FKFTC) allow the FKF Standing Committees to carry out their independent mandates as prescribed by the FKF Constitution back in May.##NAJAVA_MECA_6588140##Migori Youth, Dandora Love, Gusii FC, Zoo FC, Kisumu All Stars, Mwatate United, and Coastal Heroes in the NSL and Kamungei United in the FKF Division One League, alongside sports journalist Francis Ngira Okello moved to the Sports Dispute Tribunal (SDT) shortly after the appointment of the FKFTC.In the petition, they pointed out that the FKFTC and their predecessor the Football Kenya Federation Caretaker Committee (FKFCC) have been running leagues without functional FKF Bodies contrary to the FKF constitution and thus should allow those recognized by the FKF constitution to take charge.#Simplified: The Sports Dispute Tribunal ruled that the FKFTC’s move to replace duly established FKF Judicial Bodies & other Standing Committees, replacing them with theirs was unconstitutional. Now, what becomes of a result born of an unconstitutional action? A nullity. Simple!— Francis Ngira (@francisngira) August 24, 2022 In the Tuesday ruling, the SDT pointed out that FKFTC Secretariat Linda Oguttu errored on May 13 when she ordered the continuation of matches across the two leagues.”i. The decision made by the Respondent herein contested, on 13th May 2022 to allow the continuation of the league matches was within its mandate and therefore not ultra vires;ii. A declaration is hereby issued that the decision made by the FKF Transition Committee Head of Secretariat on 13th May 2022 breached the Petitioners’ rights to fair administrative action in accordance with the Fair Administrative Action Act and the FKF Constitution,” more parts of the ruling posited.
