[2019] KESDT 73 (KLR)
The Tribunal declined to grant the temporary injunction and conservatory orders sought by the Claimant. It reasoned that substantial justice would be better served by allowing the elections to proceed as scheduled, given the time and resources already expended and the interests of the wider community. The Tribunal...
Source-derived case information.
- Citation
- [2019] KESDT 73 (KLR)
- Parties
- Applicant: Nelson Mbaja Amendi; Respondent: AFC Leopards Sports Club; Respondent: Sports Registrar; Respondent: Daniel A. Mule; Respondent: Oscar Igaidi; Respondent: Oliver Napali; Respondent: Shikanda Daniel Akala; Respondent: Namai Ronald Mukoya; Respondent: Oliver Shikuku; Respondent: Choge Maurice Chichi
- Court
- Sports Disputes Tribunal
- Jurisdiction
- Kenya
- Case Number
- Cause 10 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Injunction and Conservatory Orders
- Outcome
- application dismissed
- Legal Topics
- Sports Elections, Injunctive Relief, Conservatory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Mbaja Amendi
Applicant
AFC Leopards Sports Club
Respondent
Sports Registrar
Respondent
Daniel A. Mule
Respondent
Oscar Igaidi
Respondent
Oliver Napali
Respondent
Shikanda Daniel Akala
Respondent
Namai Ronald Mukoya
Respondent
Oliver Shikuku
Respondent
Choge Maurice Chichi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Injunction and Conservatory Orders
Legal Issues
- 1 Whether the Tribunal should grant a temporary injunction to stop the elections scheduled for 23rd June 2019.
- 2 Whether conservatory orders should be issued to stay the implementation of the 1st Respondent's Constitution adopted in June 2017.
Ratio Decidendi
The Tribunal declined to grant the temporary injunction and conservatory orders sought by the Claimant. It reasoned that substantial justice would be better served by allowing the elections to proceed as scheduled, given the time and resources already expended and the interests of the wider community. The Tribunal noted that the Claimant retains the right to challenge the conduct or outcome of the elections by way of appeal within 30 days, as provided under the Sports Registrar Regulations, 2016. Furthermore, the Tribunal found no material evidence to justify staying the implementation of the 1st Respondent's Constitution, as the Claimant had not demonstrated how it would negatively...
Court Disposition
application dismissed
Orders
- The Claimant's prayers for a temporary injunction barring the elections and a conservatory order staying the implementation of the 1st Respondent's Constitution are declined.
- The matter shall be mentioned before the Tribunal for further directions on 2nd July 2019 when the 1st Respondent shall present results of the election together with the election report.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
THE JUDICIARY
OFFICE OF THE SPORTS DISPUTES TRIBUNAL
AT NAIROBI
SDT CASE NO. 10 OF 2019
NELSON MBAJA AMENDI......................................................CLAIMANT
VERSUS
AFC LEOPARDS SPORTS CLUB................................1ST RESPONDENT
SPORTS REGISTRAR..................................................2ND RESPONDENT
DANIEL A. MULE.........................................................3RD RESPONDENT
OSCAR IGAIDI..............................................................4TH RESPONDENT
OLIVER NAPALI...........................................................5TH RESPONDENT
SHIKANDA DANIEL AKALA.....................................6TH RESPONDENT
NAMAI RONALD MUKOYA...........................1ST INTERESTED PARTY
OLIVER SHIKUKU..........................................2ND INTERESTED PARTY
CHOGE MAURICE CHICHI.............................3RD INTERSTED PARTY
RULING
The Claimant has approached this Tribunal through an application by way of Notice of Motion dated and filed on 21st June 2019 (‘the Application’). The Claimant requests the Honourable Tribunal to grant the following Orders:
1. The Application be certified urgent and be heard ex parte in the first instance;
2. Pending inter-parties hearing the Honourable Tribunal be pleased to issue a temporary injunction against the Respondents, themselves or their servants from carrying out, conducting or assembling to carry out elections on the 23rd June 2019 or any day, date, thereafter, pending the hearing and determination of the application;
3. Pending the hearing of this application and claim the Respondents themselves on their own or through their servants or agents be restrained by an order of injunction from carrying out, conducting or assembling to carry out elections on the 23rd June 2019 or any day, date, thereafter pending the hearing and determination of this application;
4. That this Honourable Tribunal be pleased to issue conservatory orders staying the implementation of the purported Constitution of AFC Leopards adopted on the 25th June 2017 pending the hearing and determination of the application of the claim herein;
5. That the Respondents be condemned to pay costs of this application
The crux of the matter therefore is whether this Tribunal should grant an Order stopping the elections scheduled for 23rd June 2019 and grant conservatory orders staying implementation of the 1st Respondent’s Constitution which was adopted in June 2017.
Having considered the Application and his Supporting Affidavit, the Tribunal finds that substantial justice would be better served if the injunction sought is declined. Part VI of the Sports Registrar Regulations, 2016 allows a person dissatisfied with the elections to appeal to this Tribunal within 30 days. The Claimant can exercise this right if dissatisfied with the conduct of the elections.
Further, taking into consideration the time and expenses consumed in preparing for the elections, the interests of the wider community of the 1st Respondent would be best served if the elections are allowed to proceed as scheduled.
On the second issue relating to granting a conservatory order, the Tribunal faces great difficulty in seeing the justification behind this prayer. No material has been tendered to before the Tribunal to demonstrate how the Constitution as currently constituted will negatively affect the elections to be held on 23rd June 2019.
Based on the foregoing, the Application fails in the first instance. The Applicant nonetheless has liberty to amend his petition after the election to challenge the result.
i. The Tribunal accordingly Orders as follows:
ii. The Claimant’s prayers for a temporary injunction barring the elections and a conservatory order staying the implementation of the 1st Respondent’s Constitution is declined;
iii. The matter shall be mentioned before the Tribunal for further directions on 2nd July 2019 when the 1st Respondent shall present results of the election together with the election report;
iv. The costs of the application are reserved.
DATED at NAIROBI this 21st day of June, 2019.
Signed:
___________________
John M Ohaga, FCIArb
Chairman, Sports Disputes Tribunal