Mwendwa relieved as STD dismisses the applications to offer FKF a reprieve

  • The Sports Disputes Tribunal (SDT) has dismissed an application by Milton Nyakundi and other interested parties that sort to have the Football Kenya Federation (FKF) bank accounts frozen, assets, and properties safeguarded until elections are held.

In a ruling delivered on Thursday via Zoom, SDT Chairperson John Ohaga dismissed the application to offered FKF a reprieve.

The SDT had ruled on March 17 that the FKF National Executive Council (NEC) term in office had ended and thereafter Nyakundi filed an application seeking orders to freeze FKF bank accounts and all its assets and properties protected, arguing they were in danger of vandalism due to the vacuum.

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Interested parties had filed another application arguing that the NEC and FKF President Nick Mwendwa were in contempt of court as they continued to operate and work for FKF despite the earlier ruling but Ohaga dismissed it.

“There is no concrete evidence that the NEC members have continued to work. Nick Mwendwa, as per the constitution of FKF, should continue serving until elections are held,” Ohaga ruling reads.

However, FKF CEO Barry Otieno could land in trouble as Ohaga directed that a letter he allegedly wrote to FIFA asking them to protect the federation from the SDT is being investigated by National Security Agencies.

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The ruling relieves the under-pressure Mwendwa but Otieno may be in trouble as Ohaga revealed that if he is found guilty of lying to the tribunal, he could face “imprisonment of not more than seven years”. Otieno has been on record denying writing the letter and has signed an affidavit to that effect.

“A full investigation to unearth the authenticity of the letter by relevant authorities will commence. If found guilty of perjury, the penalty for false declaration term is imprisonment not exceeding 7 years,” Ohaga read.

“We had called for a round table discussion by stakeholders, potential candidates, and other interested parties and this will come for mention on 2nd June 2020. This is to see how best to convene this round table. It is under the jurisdiction of the SDT to assist parties set up alternative dispute resolution mechanisms,” he concluded.

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