The recent ruling by Sports Dispute Tribunal (SDT) regarding the mandate and actions of the FKF Transition Committee in running the 2021/22 football season has been interpreted differently, leaving an air of confusion.The Judge John Ohaga-led tribunal concluded that the Transition Committee was within its mandate to resume the national leagues in May, but found them guilty of breaching rules of fair administrative action by failing to give sufficient notice to clubs.STATEMENTClarity on the 2021/22 league position.#FKFTransitioncommittee pic.twitter.com/2eqnklKaDp— FKF Transition Committee (@FKFtransition) August 26, 2022 It is, however, the third determination that the Transition Committee has been functioning without properly constituted FKF Standing Committees and Judicial Bodies that has thrown the spanner into the works and left tongues wagging.”The Respondent (FKF Transition Committee) further asserts that they have tendered to this Tribunal letters showing appointment of standing committees, which appointments were made on 18th May 2022. The Tribunal has neither received nor seen any such letters as referenced by the Respondent in their pleadings.”The Tribunal ordered that previous FKF Bodies as constituted under the disbanded FKF administration are still duly in office.”A declaration is hereby issued that the 1st to 6th Interested Parties (FKF Bodies) 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.”Caretaker Committee had no powers to bypass FKF Judicial bodies, SDT rulesAs specified by Ken Ochieng’, a lawyer, for one of the nine petitioners, the order renders the 2021/22 league season a nullity since actions, including appointment of referees, match commissioners, promotion and relegation of teams among others taken by the illegally formed FKF Transition Committee Standing Committees are illegal.”Basically everything has been nullified. The Tribunal did not have to specifically say that this is unconstitutional, and that they have not nullified the league,” Ken told Mozzart Sport.”Will Mathare United agree to be relegated through a determination of an illegal body of the FKF Transition Committee?” Ken paused.#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 Advocate Ochutsi Munyendo who acted for the interested parties opines that “anyone could now move the Tribunal for a declaration or express order that the league was not run according to rules and regulations of the FKF.”The Transition Committee Bodies have made decisions that have greatly affected promotion and demotion, especially in the National Super League.”Ochutsi adds that there were no specific prayers for the Tribunal to declare the season null and void and therefore there could never have been such a declaration.##NAJAVA_MECA_6596472##Sports lawyer Elvis Majani agrees with Ochutsi that the season was not expressly nullified, but adds that all decisions made by the Transition Committee Bodies stand illegal.”The ruling is not straight forward on whether the season was nullified, but it is clear that all decisions made by the Transition Committee Bodies were rendered illegal.”
