Luyali v Football Kenya Federation Electoral Board & another; Sports Registrar (Interested Party) (Tribunal Case E038 of 2024) [2024] KESDT 1553 (KLR) (7 November 2024) (Decision)
Neutral citation:
[2024] KESDT 1553 (KLR)
Republic of Kenya
Tribunal Case E038 of 2024
John M Ohaga, Chair, E. G. Kiplagat, Gabriel Ouko, MN Kimani & Benard Murunga Wafula, Members
November 7, 2024
Between
Eric Luyali
Appellant
and
Football Kenya Federation Electoral Board
1st Respondent
Football Kenya Federation Appeals Committee
2nd Respondent
and
Sports Registrar
Interested Party
Decision
1.The Applicant Eric Luyali has approached the Tribunal challenging the decision to exclude him from candidature for the position of Chairmanship Nairobi East County in the forthcoming elections on the basis that he had failed to demonstrate membership of the Football Kenya Federation.
2.the Tribunal gave the opportunity to both Mr. Lenny Kimaiti, Counsel for the Applicant as well as Mrs. Ligunya, Advocate on behalf of Electoral Board who put forward their respective positions.
3.The Electoral Board's position is straightforward; that the Claimant has previously been suspended from the position of Treasurer on the basis of the allegation that there has been embezzlement and theft of branch funds and there were potential criminal proceedings.
4.The Claimant acknowledges that he was suspended but asserts that such suspension was not ratified by the General Assembly of the Football Kenya Federation, which is a prerequisite.
5.The Claimant has not demonstrated the steps taken to challenge the suspension and to challenge the basis upon which such suspension was effected.
6.The Tribunal's stated philosophy and objective is to inculcate proper governance structures in sporting federations.
7.The suspension is on the very serious basis of embezzlement and theft of funds. The Tribunal acknowledges that the criminal proceedings may have been discharged or may not have been proceeded with.
8.However, the Tribunal will not shut its eyes to the basis of the suspension and it would be inimical to the stated philosophy of the Tribunal to inculcate the culture of integrity in the governance of sporting federations to permit a candidate who has faced such accusations to benefit from the exercise of its discretion. .
9.The Tribunal is therefore not satisfied that it should exercise its discretion in favour of the Claimant. For that reason, the Application by the Claimant is rejected.
DATED AND DELIVERED AT NAIROBI THIS 7TH DAY OF NOVEMBER 2024SIGNEDJOHN M. OHAGA SC, CARB; FCIARBCHAIRPERSON, SPORTS DISPUTES TRIBUNALIn the presence of:HON. E GICHURU KIPLAGAT - MEMBERHON. GABRIEL OUKO - MEMBER,HON. MARY N KIMANI - MEMBERHON. BERNARD MURUNGA - MEMBER