Kenya: SDT Gives FKF Temporary Reprieve but CEO Otieno Not Off the Hook

The Sports Disputes Tribunal (SDT) has this afternoon offered temporary reprieve to Football Kenya Federation (FKF) by dismissing an application by Milton Nyakundi and other interested parties that sort to have the federation's bank accounts frozen, assets and properties safeguarded until elections are held.

On March 17, SDT had ruled that the FKF National Executive Council (NEC) term in office had ended and thereafter Nyakundi filed an application seeking orders to freeze FKF bank accounts and all its assets and properties protected, arguing they were in danger of vandalism due to the vacuum.

In a ruling delivered on Thursday via Zoom, SDT Chairperson John Ohaga, however, dismissed the application.

Another application filed by interested parties had argued that the NEC and FKF President Nick Mwendwa were in contempt of court as they continued to operate and work for FKF despite the earlier ruling but Ohaga dismissed it.

"There is no concrete evidence that the NEC members have continued to work. Nick Mwendwa, as per the constitution of FKF, should continue serving until elections are held," Ohaga read part of the ruling.

FKF CEO Barry Otieno could, however, land in trouble as Ohaga directed that a letter he allegedly wrote to Fifa asking them to protect the federation from the SDT is being investigated by National Security Agencies.

Otieno has been on record denying writing the letter and has signed an affidavit to that effect. If found guilty of lying to the tribunal, he could face "imprisonment of not more than seven years" as revealed by Ohaga during the ruling.

"A full investigation to unearth the authenticity of the letter by relevant authorities will commence. If found guilty of purgery, the penalty for false declaration term is imprisonment not exceeding 7 years," Ohaga read.

"We had called for a round table discussion by stakeholders, potential candidates and other interested parties and this will come for mention on 2nd June 2020. This is to see how best to convene this roundtable. It is under the jurisdiction of the SDT to assist parties set up alternative dispute resolution mechanisms," he said.

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