[2024] KESDT 1553 (KLR)
The Tribunal found that, although the appellant's suspension may not have been formally ratified by the General Assembly, the underlying allegations of embezzlement and theft were sufficiently serious to warrant the exercise of its discretion against the appellant. The Tribunal emphasized its mandate to promote...
Source-derived case information.
- Citation
- [2024] KESDT 1553 (KLR)
- Parties
- Appellant: Eric Luyali; Respondent: Football Kenya Federation Electoral Board; Respondent: Football Kenya Federation Appeals Committee; Interested Party: Sports Registrar
- Court
- Sports Disputes Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E038 of 2024
- Procedural Posture
- Sports Appeal / Decision
- Outcome
- application dismissed
- Judges
- John M Ohaga, E. G. Kiplagat, Gabriel Ouko, MN Kimani, Benard Murunga Wafula
- Legal Topics
- Sports Governance, Election Disqualification, Suspension of Membership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Luyali
Appellant
Football Kenya Federation Electoral Board
Respondent
Football Kenya Federation Appeals Committee
Respondent
Sports Registrar
Interested Party
Procedural Posture
Sports Appeal / Decision
Legal Issues
- 1 Whether the appellant's exclusion from candidature for the Chairmanship Nairobi East County was lawful.
- 2 Whether the suspension of the appellant from the Football Kenya Federation was properly ratified and justified.
- 3 Whether the Tribunal should exercise its discretion to allow the appellant to contest given the allegations of embezzlement and theft.
Ratio Decidendi
The Tribunal found that, although the appellant's suspension may not have been formally ratified by the General Assembly, the underlying allegations of embezzlement and theft were sufficiently serious to warrant the exercise of its discretion against the appellant. The Tribunal emphasized its mandate to promote integrity and proper governance in sports organizations, concluding that permitting a candidate facing such accusations to participate in the elections would undermine these objectives. The Tribunal was not satisfied that the appellant had taken adequate steps to challenge the suspension or address the allegations, and therefore rejected the application.
Court Disposition
application dismissed
Orders
- The application by the appellant is rejected.
- The appellant remains excluded from candidature for the Chairmanship Nairobi East County.
Full Case Text
Judgment text and source record
29 paragraphs
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
In the Sports Disputes Tribunal
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