Kenya: Tussle for Supremacy in Kenya Volleyball Goes to Sports Disputes Tribunal

Kenya Volleyball Federation (KVF) president Charles Nyaberi has filed a case at the Sports Dispute Tribunal (SDT) seeking declaration as the body's voting delegate at the upcoming National Olympic Committee (NOCK) elections.

In a suit filed against KVF deputy treasurer Moses Mbuthia, Muthee Gakuru of the Independent Electoral Boundaries Commission (IEBC) and NOCK, Nyaberi argues that he is legally empowered to carry the vote on behalf of KVF as per its constitution.

"As the 1st interested parties' constitutional link and point person with NOCK, the claimant (Nyaberi) has the right and power to vote during the 4th respondents' general assembly as contemplated in Article 13.2.1 of its constitution," Nyaberi, through his lawyer, Nabwire Obara, argues.

Furthermore, the president points out that the federation's constitution does not allow for the delegation of powers from the president to the deputy treasurer, including voting rights to crucial meetings, such as the NOCK elections.

"The claimant states that Article 4.7.2.1. of the KVF constitution does not allow for the assignment of presidential roles to a treasurer. Therefore, the deputy treasurer cannot in law or fact purport suo moto to exercise the power and authority under Article 4.7.2.1(4)," he says.

The case is the latest tug-of-war between Nyaberi and Mbuthia over who to vote on behalf of KVF at the NOCK polls.

The two could not come to an agreement during last week's aborted polls at Pride Inn, Westlands.

Noteworthy is that Mbuthia is contesting for the treasurer's position at NOCK, with KVF's vice president, gender, Lilian Mududa eyeing the women representative's post.

KVF was one of four federations crippled by a tussle among their officials over voting rights at the polls; the others including Kenya Triathlon Federation, Kenya Taekwondo Federation and the Kenya Handball Federation (KHF).

On Monday, the High Court vacated previous orders that had compelled IEBC to include the four federations in the polls under whatever circumstances.

This ruling gave the elections a go-ahead even at the possibility of the electoral body excluding the four federations should they fail to agree on who has the voting rights among their officials.

Read the original article on Capital FM.