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Tribunal orders Gor Mahia to conduct elections in three months

Record Kenya Premier League champions Gor Mahia FC has been directed to hold their elections within the next 90 days following the elapse of the current office term as per law.

The Sports Disputes Tribunal (SDT) panel led by Gabriel Ouko concluded and ruled that the AGM issued by the NEC on August 14,2024 and scheduling of AGM for September 6,2024 was in total disregard and violation of relevant statutes and regulations governing sports in Kenya. The members are Peter Ochieng and Bernard Murunga.

Additionally, the SDT panel stated that the Executive Committee of Gor Mahia is and continues to hold office illegally and irregularly contrary to the provisions of the Sports Act, 2013 and the Sport Registrar Regulations 2016, as the term of the Executive Committee ended on August 8, 2024

The petitioner, Bernard Omollo, had sued the club following the National Executive Committee (NEC) tenure ending on August 8, 2024 yet they were still in office thus an illegality.

He accused the NEC of issuing a notice of Annual General Meetings scheduled for September 6, 2024 in total disregard of its constitution and the relevant statutes and regulations.

Similarly in the petition,  Omollo indicated that the club’s governing body (Executive Committee) is and continues to hold office illegally and irregularly contrary to the provisions of the Sports Act2013 and the Sports Registrar Regulations 2016, as the term of the Executive Committee ended on August 8, 2024.

He noted that Gor Mahia and its officials, Ambrose Rachier, Francis Wasuna, Dolfina Odhiambo and Sam Ochola had been continuously reminded by the Office of the Sports Registrar to review its constitution to be in line with the Kenya Constitution,2010,The Sports Act No.25 of 2013 and the international statutes.

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The club was also directed in time about submission of annual reports that include audited financial statements and updated details of current office bearers.

The club, which has been under the chairmanship of city lawyer Ambrose Rachier for the last 14 years, has been in the spotlight for failure to observe rules and laws with Sports Registrar Rose Wasike receiving numerous memos about non-compliance with obligations.

As such, the Registrar had called for compliance with The Sports Act, 2013 and Sports Registrar Regulations, 2016. Further,  Wasike had directed that Gor Mahia organise and Annual General Meeting as soon as possible.

This matter was listed for hearing September 4, 2024 but it did not proceed as planned as the parties that vide amicable discussions; the parties are at liberty to consent and file such consent if an agreement is reached.

Gor Mahia, posted a notice dated August 1, 2024 and titled “Extension of club membership subscription” on various social media platforms, which, according to Omollo, was a  complete disregard of Article 5 of the club’s constitution which specifies the period of membership renewal to be in the first three months of the year closing on March 31, every year.

Moreover, he noted in his pleadings that the Respondent’s Executive Committee on August 14, 2024, issued a notice of Annual General Meeting (AGM) that was scheduled for September 6, 2024 in total disregard of its constitution and the relevant statutes and regulations. This is because if they had been in office since August 8, 2020, then their four year term would have lapsed on August 8, 2024 at the very latest.

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In the ruling, the tribunal determined that the constitution of a body seeking registration as a sports organisation shall provide that; elections of officials and athletes representatives at the national branch and sub-branch levels shall be done directly club members; and the elections shall be held in accordance with the general principles for the electoral system as stipulated in Article 81 of the Constitution.

The elections shall also be held at regular intervals after a period of between two years and four years, and persons elected as officials thereof shall consequently hold office.

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