Ohaga goes missing as SDT fails to clarify on promotion and relegation case

The Sports Dispute Tribunal (SDT) failed to clarify its decision to undo the Football Kenya Federation National Executive Committee’s move to scrap the 2021-22 season and freeze relegations and promotions from several leagues.

In its ruling, the Judge John Ohaga-led tribunal gave room for all the affected parties to "reflect" and seek "clarification" before it about the same ruling, in a move that has been criticized by a section of lawyers.

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"We appreciate however that there may be uncertainty with respect to the interpretation of this decision as it affects the secondary issues that the tribunal has framed but which were not argued before us and we will allow the parties the opportunity to reflect on this decision and to seek such clarification as may be necessary for the purpose of giving practical effect to the decision we will therefore mention the matter for this purpose on 13th December 2022 at 2 p.m," the Tribunal said.

Yet, on the material day, Ohaga, who is the chairman of the Tribunal did not show up, throwing Kenyan football into more uncertainty.

"As of yesterday, the clarifications didn't proceed as initially sort by the Court. The matter was not listed in the Court's cause list and the Chair is indisposed. We wish him a quick recovery.

But we shall inform him of our displeasure of the purported clarifications on the impact of his pronouncement when we congregate next," Ochutsi Munyendo, a lawyer for the FKF-NEC, said.

A new date for the session has been set for Tuesday, 20 December 2022, but Ochutsi says it is unprocedural for any judicial body or a court to render a ruling and then invite parties to seek clarification before it.

"It's a joke taken too far, but we shall show up to register our displeasure,” he moted.

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"The SDT is established by constitution by Statute. Its modus is regulated by rules of practice and procedure. Dispute Resolution within the SDT framework can take different approaches. It could be arbitral or meditation but with the consent of the parties. But neither was the form in this matter.

Remember, our is an adversarial system of dissemination of justice. The Petitioners and the Respondents had their grueling duel before a neutral arbiter (The Court).

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The Court pronounced itself and those aggrieved (Respondents and Interested parties) have a leeway in Law to seek for reprieve. Clarifications is not contemplated by the Laws and in particular the Sports Disputes Tribunal Rules and Regulations (2022).

Such clarifications can only happen in an informal caucus where tea mandazi flow freely. If it is to monitor the implementation of its orders, then it is only a party to the proceedings who can move the Court. Not vice versa. That's bad in practice."

FKF Leagues to proceed despite SDT ruling

Meanwhile, as the aggrieved parties mull over moving to the constitutional court to challenge the Tribunal ruling on procedure, the leagues are still on, with several fixtures in the FKF Premier League lined up in week 5.

In a past interview, the Cabinet Secretary for Sports Ababu Namwamba, who rainstated the FKF NEC, said that his quest to streamline sports would not be derailed.