The judge found that the petitioner, identified as Gordon Ogado, failed to disclose that he filed a similar case in October 2024 and failed to withdraw the same
The Football Kenya Federation (FKF) branch elections that were scheduled for Saturday, November 9 will proceed after the High Court lifted the injunction that halted the polls.
In his ruling, Kitui High Court Judge, Justice Robert Limo on Tuesday, November 12 cited the existence of a similar case filed at the Milimani Law Courts in October as the key reason why the injunction was lifted.
The judge found that the petitioner, identified as Gordon Ogado, failed to disclose that he filed a similar case in October 2024 and failed to withdraw the same, stating that “There are procedures to withdraw a case in court.”
Ogado had obtained orders from the High Court in Kitui to stop the exercise. The development comes after the Sports Dispute Tribunal (SDT) had on Thursday directed the Electoral Board to include the name of former Mombasa FKF Chairman Salim Ali Said in the ballot box. Said argued in court that locking him out violated his rights to vie in the polls.
Milimani Law Courts in Nairobi. /CITIZEN DIGITAL
The ruling had effectively cleared the way for the FKF Electoral Board to proceed with the county elections in 39 counties ending a wave of uncertainty.
Moments after the court ruling the FKF Electoral Board moved to issue a new date for county elections through a statement by chairman Hesbon Owilla and board secretary Marcelinne Sande.
“Following the hearing today, we are pleased to inform you that the stay orders have been lifted. The Football Kenya Federation elections will now take place on 14th November 2024.
“You are required to be at your assigned stations by 13th November 2024 to ensure everything is set up and ready for the election day. A travel allowance will be provided to facilitate your transportation to the assigned locations,” the statement read in part.
On Friday, November 8, a stay order was enforced on the upcoming elections after a group calling itself the Kenya Football Association filed a case claiming that it was the legitimate authority to conduct the polls.
As a result of the petition, the court issued an injunction that effectively blocked the FKF from conducting the polls, hours before they were set to take place.
However, such a move left FKF at risk of trouble with the World football governing body, FIFA, which abhors taking football matters to ordinary courts of law, thus making interfering with the high court an infringement of FIFA laws.
Several persons interested in county chairman positions were locked out by the board following the ruling including Eliakim Mbaliwa (Nakuru), Bwanamku Fumo (Lamu), Isaac Munene (Trans Nzoia) and Patrick Kamora (Tana River).
Others are Zablon Mwanyumba (Taita Taveta), Kefa Onditi (Nakuru), Abdisalam Ahmed (Mandera) and Daudi Ali Wajir.
An image of former FKF president Nick Mwendwa. /THE STAR