Thursday, August 4, 2011

Football polls in jeopardy




Updated 8 hr(s) 15 min(s) ago
BY ROBERT NYASATO AND ERICK OCHIENG’
The fate of Football Kenya elections hangs in the balance after a fan Eric Orina went to court seeking to halt the exercise on grounds the process contravened the Constitution.
At the same time, Hussein Mohammed, who wants to lead local football, has given the Independent Electoral Board (IEB) until Monday to publish the list of candidates and clubs eligible to take part in the polls.
Orina wants the court to stop the polls because if conducted they would contravene rights and fundamental freedoms under Articles 47 and 55 of the Constitution.
"I am a football enthusiast interested in the protection of rights of the youth in Kenya," Orina says in the petition that was yesterday certified as urgent by Kisii Resident Judge, Justice Asike Makhandia.
Orina has cited Minister for Youth and Sports, Kenya Football Federation, Football Kenya Limited and Independent Electoral Board as respondents in the petition filed at the Kisii High Court.
The petitioner says the Independent Elections Board was not constituted in line with the law and that organization of elections for officials to manage football in Kenya was against the constitution. Orina also prayed that the court issues a consequential order requiring the minister to establish a nationalfootball association, which will cater for all interest of all Kenyans keen on developing the game in the country.
He also wants an order issued that an independent authority be established in answer to the polls exercise and be composed of two representatives from Ministry of Sports, the National Youth Council, Kenya National Human Rights & Equality Commission, the Kenya Private Sector Alliance and KenyaFootball Players Association. The football lover also prayed for an order to the interim authority to consult with stakeholders and the general public and come up with modalities for the establishment of a national football association.
Orina also wants the court to order that the interim football authority to within 12 months being appointed conduct elections for officials to administer football in the country.
Justice Makhandia fixed hearing of the suit inter-parties on August 10 and ordered the petitioner to serve the respondents.
The much-awaited election was scheduled for August 13, this year.
High Court Judges are in vacation from August 1 to September 15.
Mohammed has also threatened to move to court should IEB fail to act on his ultimatum or even still call for mass action ahead of the election set for August 13.
The Extreme Sports CEO accused IEB of failing to conduct civic education on the electoral process ahead of the polls, which have been postponed severally since last December.
"We have repeatedly raised the red flag on IEB’s capacity and competence to hold free and fair elections. We again find ourselves in the most outrageous of situations," said Mohammed in Nairobi yesterday.
Mohammed, who was accompanied by his running mate Sammy Sholei are concerned by the late entry of other candidates in the race for the national top seat, saying it was an act of foul play by IEB. The late entry according to Mohammed raises the question of integrity on the part of the board. "The fact of the matter is that IEB has considerably failed in its mandate and we no longer have faith in them. We have heard enough rhetoric and lip service.
"Where were the other candidates when the elections were being postponed in April? We are reading mischief here. It has been a never ending circus on this journey," said Mohammed. The Extreme Sports CEO, was buoyant, his camp will emerge triumphant because some candidates had not met the minimum criteria set in the guidelines for the elections.
IEB had set a deadline of last Friday for all candidates to present their papers and convince IEB they qualify to run football or be locked out.

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