SDT nullifies Kenya National Sports Council elections

The Sports Disputes Tribunal (SDT) has nullified the Kenya National Sports Council (KNSC) elections held on December 15 last year and ordered fresh polls be conducted within 60 days.

The SDT ruled that the process leading to the elections did not meet the threshold of fairness necessary to affirm integrity.

It directed that a fresh, open and transparent election be held in conformity with the 2013 Sports Act and the (Sports) Registrar’s Regulation of 2016.

The tribunal, led by its vice chairperson Jane Njeri-Onyango, ruled the evidence against the fair conduct of the process leading to the polls last year was compelling.

“Elections grant people an opportunity to express their voice in the kind of leadership they envisage. It is through a fair election process that the voices of the people are heard,” ruled the tribunal on August 15.

The tribunal, whose other members are Mary Kimani and Bernard Murunga, also directed KNSC to ensure supervision of the election process from the beginning of nomination and the actual election is conducted by an independent body.

Purity Njoki and Mary Muriuki had filed the case at the tribunal seeking a declaration that the election was not conducted by the council in accordance with constitution and applicable law thus it should be voided.

The elections were to fill the positions of chairperson, vice chairperson, treasurer, and two committee members.

Njoki and Muriuki sued KNSC and its officials Nderitu Gikari, Vanraj Sarvaiya and Charles Nyaberi (chairman, vice chairman and treasurer respectively).

They also named David Ngugi and Mududa Waweru (council members), Independent Electoral and Boundaries Commission (IEBC) and Sports Registrar as interested parties in the case.

The tribunal noted that it was unclear how the elective positions attracted few candidates (four contestants for three executive positions), raising doubt as to the effectiveness and integrity of the nomination process.

It ruled that the incumbents were the only nominees despite KNSC’s large membership of at least 62 active federation members from which 37 were eligible to present candidates to vie for available positions and vote.

“The tribunal has found that indeed there were incidents of illegalities or irregularities in the election process. Whereas the counting and tallying of votes may have been legal and regular, the entire election is only valid if it is a by-product of a sound process,” ruled the tribunal in its decision delivered last week.

It ruled also that in consideration of the circumstances surrounding Gikari, Sarvaiya and Nyaberi, their positions as officials and inordinate delay to push for registration of the council, the only logical alternative was to ensure that the process of election where they defend their seats should have been beyond reproach.

“It leaves a lot to be desired when the current office holders are the only contestants in some of the available seats. It would not have been an issue if no complaint was raised, however, based on the allegations by prospective contestants that they were denied the opportunity to vie then the council has to convincingly defend themselves and allay the concerns.”

The tribunal also said that hoarding of the delegates list disproportionately favoured the respondents who were aware of the relevant persons to sell their agenda while prejudicing the other contestants and their own membership.

It also ruled that Gikari, Sarvaiya and Nyaberi are ineligible to vie for re-election in the same positions they hold but can seek other seats within the council.

The case will be mentioned after 60 days for the tribunal to confirm compliance.

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