Mvvakulomba v Owilla & 2 others (Tribunal Case E042 of 2024) [2024] KESDT 1554 (KLR) (7 November 2024) (Decision)
Neutral citation:
[2024] KESDT 1554 (KLR)
Republic of Kenya
Tribunal Case E042 of 2024
John M Ohaga, Chair, E. G. Kiplagat, Gabriel Ouko, MN Kimani & Benard Murunga Wafula, Members
November 7, 2024
Between
Basil Kiung Mvvakulomba
Claimant
and
Hesbon Owilla
1st Respondent
Football Kenya Federation Electoral Board
2nd Respondent
Football Kenya Federation
3rd Respondent
Decision
1.The Claimant, Basil Kiung Mwakulomba approaches the Tribunal on the very simple basis that he has no knowledge as to why his candidature for position of Chairperson FKF Taita Taveta Branch has been denied.
2.His lawyer, Mr. Odiagga addressed the Tribunal. He says that the Appellant's name had initially appeared in the preliminary list of candidates, but it was not included in the final list of aspirants. He is therefore mystified as to why he has been excluded.
3.The Tribunal also gave an opportunity to Mrs. Ligunya, Advocate on behalf of the Electoral Board to make representation as to the basis upon which the candidature of the Appellant has been rejected.
4.Due to the very limited time before the event which is sought to be challenged and in respect of which an injunction is sought, the Tribunal preferred to deal with the merits of the Appeal itself and allowed the parties to address the matter orally and indeed gave significant latitude to the parties representatives to address the matters arising and consult their respective clients as necessary for further instructions or information.
5.The position of the Board is that Mr. Basil had previously been suspended by his branch and this was evidenced by the letter dated 4th April 2024 addressed to the Chairperson or Secretary of the Tsavo Wild Beast Football Club in which it is alleged that as a result of fielding of ineligible players, the Appellant was suspended from football related activities for a period of two years.
6.The Appellant disclaims knowledge of the suspension and has attacked the letter suspending him on the basis that it comes from the FKF Coastal Regional League Committee and not the Taita Taveta branch of the Football Kenya Federation.
7.The Tribunal has given consideration to the letter of 4th April 2024 and notes that the first two pages of the letter carry the same font but there is no continuation of the letter; the last page which sets out the sanction and suspension appears to have been extracted from a different document and superimposed onto the suspension letter.
8.This letter has not previously been brought to the attention of the Appellant by the Board. The Appellant avers that he has no knowledge of it and he was given no opportunity to challenge the alleged suspension.
9.The Tribunal gives the Appellant the benefit of doubt with respect to the allegations against him. There is no evidence that these allegations were put to him and that he was given the opportunity to respond.
10.Accordingly, the Tribunal must lean in favour of upholding rights established under the Constitution and in particular with respect to fair administrative action and the right to a fair hearing.
11.The Tribunal notes in any event that all the Appellant seeks is the 
opportunity to put himself forward for his candidature; there is no guarantee that such candidature will result in success.
opportunity to put himself forward for his candidature; there is no guarantee that such candidature will result in success.
12.The Tribunal will lean in favour of endorsing the candidature and finds and holds that the Appeal succeeds.
13.Accordingly, the Tribunal directs that the Appellant, Basil Kiung Mwakulomba be permitted to participate in the elections for the position of chairperson of the FKF Taita Taveta Branch scheduled for 9th November, 2024.
14.There shall be no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 7TH DAY OF NOVEMBER 2024SignedJohn M. Ohaga SC, CArb; FCIArb - Chairperson, Sports Disputes TribunalIn the presence of:Hon. E Gichuru Kiplagat - MemberHon. Gabriel Ouko - Member,Hon. Mary N Kimani - MemberHon. Bernard Murunga - Member