B. OsanoLawyer calls for Sports Disputes Tribunal chairman John Ohaga to quit for creating confusion
Reading Time: 3min | Fri. 09.12.22. | 17:13
Majani noted that most of Ohaga's rulings were laced with inconsistencies and confusion
In its latest ruling, Sports Dispute Tribunal, SDT reversed a decision of the Football Kenya Federation National Executive Committee, FKF-NEC to scrap the controversial 2021-22 football season and ice promotions and relegations.
The SDT determined that the NEC was in office illegally and hence the decision they took was a nullity.
"Having stated the foregoing, it will be evident by now that we have come to the conclusion that the decision of the National Executive Committee has no legal foundation, is a nullity and cannot be sustained. It is accordingly quashed," read part of the ruling.
SDT further found that the FKF Transition Committees that were appointed by the former Cabinet Secretary for Sports Ambassador Amina Mohamed following the expiry of the mandate of the FKF Caretaker Committee in May were equally illegal.
"Upon the expiry of the Caretaker Committee's mandate on 11th May 2022, there was no lawful body in charge of FKF. There was no NEC and the Cabinet Secretary did not validly exercise her powers in appointing the Transition Committees," the ruling continued.
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Yet, in a perplexing ruling, the Judge John Ohaga-led tribunal, despite the above determination, found that clubs, while taking part in leagues run by the illegal Transition Committees, had "legitimate expectations."
"In our view, because of the statutory instrument being in place, the clubs had legitimate expectations that the committee was validly constituted and they had legitimate power to manage and oversee the league until its completion," said part of the ruling.
In a bare knuckle tackle, sports lawyer Elvis Majani has called on Ohaga to quit for causing confusion in football and other sports management.
"His rulings are very inconsistent and confusing, he should just quit. You only need to go back to some of his past rulings involving for example AFC Leopards and the swimming federations to see how confusing they are. In the Leopards case, he was even appointed himself an arbiter in the case that was brought before him.Going by this latest ruling, Mr. Ohaga (John) is simply saying that ignorance is now a defense in law. It's very interesting," he said.
Having realized that his ruling may cause confusion as regards interpretation of the decisions made, Ohaga has allowed the parties to "reflect" and "seek such clarification as may be necessary for the purpose of giving practical effect to the decision" and has set Tuesday next week for the purpose. Majani has taken issue with this as well.
"Which court or judge gives a ruling then invites parties to seek clarification before it? Judgments should be clear and final," he offered.
Majani has advised the FKF to appeal the decision at the CAS, the Court of Arbitration for Sports.
"We need someone who understands sports to be the chairman of the SDT," Majani added.
Meanwhile, in an interview with the People Daily, Cabinet Secretary for Youth Affairs, Sports and the Arts Ababu Namwamba, without giving much, said that his quest to streamline sports in the country is unstoppable. "I'm not getting into that, I'm busy getting football and sports in general back on track. I will not be distracted by anyone."
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