Sports Tribunal nullifies Kenya National Sports Council election held in December
By K24 Editorial, August 21, 2023The Sports Disputes Tribunal has nullified the election of Kenya National Sports Council (KNSC) officials held in December 2022.
In a ruling by the Sports Disputes Tribunal bench comprising Justices Njeri Onyango, Mary Kimani and Bernard Wafula Murunga, the court said the election did not meet the fairness threshold.
“The process leading towards the elections held on the 15th December 2022 did not meet the fairness threshold necessary to affirm its integrity. The election outcome is thus voided,” the tribunal ruled.
In the election, Ndritu Gikari, Vanraj Sarvaiya and Charles Nyaberi were elected as the chairperson, vice chairperson and honorary treasurer of the sports council respectively.
According to court documents, the trio had served in the positions since 2010 and had a chance for re-election once. Petitioners Purity Njoki and Mary Muriuki through lawyer TJ Michael argued that the three were not eligible for election, having served for more than two terms.
They urged the court to nullify the sports council election and bar the three from contesting in subsequent elections, a prayer that was granted.
In the ruling dated August 15, 2023, the court ordered a fresh election of the sports council to be held within 60 days.
“A fresh open and transparent election to be held in conformity with the Sports Act 2013 and the Registrar’s Regulations 2016, within 60 days from the date of this Ruling. The 1st Respondent (KNSC) to ensure the supervision of the election process from the beginning of the nomination process and the actual election is conducted by an independent body,” the tribunal ruled.
“The 2nd, 3rd and 4th Respondents (Gikari, Sarvaiya and Nyaberi respectively) are ineligible to vie for re-election in the same positions they hold but can seek other seats within the council.”
The petitioners also argued that the December election was held long after the legal term for the officials expired.
“If the first election was conducted on 18th February 2018, and a term is supposed to be 4 years, conducting the second election on 15th December 2022 is already an indictment on the officials since the elections were held two months shy from reaching a five-year term aptly capturing their continuous attempt to extend and violate the term limits set,” the tribunal noted.
According to the tribunal, the nomination was too obfuscated with irregularities that it extensively impacted the process to the point that the purported outright winner was selected rather than elected.
In a letter dated December 13, 2022, Njoki requested KNSC to investigate irregularities observed among the list of contesters for the election and asked for the removal of three contesters from the list on account of illegibility.
The letter was however disregarded and the election process continued.
Also, Njoki told the court that KNSC availed the nomination forms only two days before the deadline with an assortment of requirements to be fulfilled such as clearances from the Higher Education Loans Board (HELB), Ethics and Anti-Corruption Commission, Directorate of Criminal Investigations (DCI) and Credit Reference Bureau (CRB).
In addition, Njoki says it was only on the last day that the offices were opened to enable them to pick the forms.
The matter shall be mentioned after 60 days for purposes of confirmation of compliance.