September 25, 2021

SDT warning to Gor Mahia: We will nullify elections if you don’t follow constitution

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There are two positions that are set to be subjected to the ballot as the chairman and the secretary-general nominees are unopposed

Sports Disputes Tribunal (SDT) has threatened to nullify Gor Mahia‘s elections scheduled for August 8 if they are done unlawfully.

The SDT, in a letter signed by Elynah Sifuna Shiveka who is the deputy chairperson and obtained by Goal, said the exercise must be conducted in strict adherence to the law if the results have to be recognised thereafter.

Ben Mathews Agunda, David Osewe Odero, Alfred Odhiambo Otieno, Gilbert Otieno Wandera, George Ochieng Gombe, Meshack Odera and Edder Jalang’o are the Gor Mahia members who have asked the tribunal to stop the elections which they claim is set to be done against the demands of the Sports Registrar.

Judith Nyangi, who has protested the eligibility requirements for candidates is also among the furious members who want the exercise conducted in accordance with the club’s old constitution.

Nyangi is running for the honorary treasurer’s position.

“Upon reading the chamber notice filed under a certificate of urgency and all the accompanying documents dated August 4 and filed on August 5, the tribunal hereby directs and orders as follows,” read the opening paragraph of the SDT’s letter.

“That no interim orders are issued in regard to prayer no. 3 of the chamber summons dated 4th of August 2020 and filed at the tribunal on 5th August, 2020.

“The activity of the first respondent scheduled for 8 August 2020 shall be declared null and void in case it was unprocedural and unlawfully done.

“The claimants shall serve all the respondents with the application and these directions on or before Monday 10th August 2020.

“The respondents shall have seven days from the date of service upon them to file and serve their responses and the parties shall attend the tribunal on 18th August 2020 at 2.30 pm for mention and agree on a hearing date.”

The panel which is set to hear the case consists of Shiveka, Gichuru Kiplagat and Allan Owinyi.

Through their lawyer Omondi Omollo, the dissatisfied members had pointed out instances they feel will make the August 8 exercise biased.

“We are further instructed that the Executive Committee members unilaterally abrogated upon themselves the powers to appoint members of the club’s Elections Board without consultation or approval of the members or any other stakeholders,” Omondi’s protest letter to Gor Mahia elections board read in part.

“We are instructed that the same Elections Board has now come up with unlawful and illegal election rules, regulations, guidelines, time-tables, calendars and nomination forms.

“We are further instructed that all these activities of the biased Elections Board are designed to perpetuate the continued stay of the incumbents in office and indeed we are instructed that the chairman has already been declared as elected unopposed.

“We are instructed that most of the members including Ambrose Rachier and Francis Wasuna are term-limited by the act and therefore barred from contesting in any further elections of the club.”

Rachier stands elected as chairman as no one showed interest to challenge him for the influential position while Sam Ochola will become the new secretary-general after he, too, attracted no opponent.

The positions of the vice-chairman and the honorary treasurer attracted multiple candidates and thus members have to elect officials.