Group of fans seek injunction to stop election

A group of fans are going to stop the Gor Mahia elections that are slated for August

Additional reporting from goal.com

The polls have been scheduled for August but the process might fail to go on should the stakeholders seek a court injunction

Gor Mahia elections scheduled for August may not take place as planned as some members have challenged the constitutionality of the Elections Board.

In a letter obtained by Goal, Omollo and Omollo Co. Advocates acting for Ben Mathews Agunda, David Osewe Odero, Alfred Odhiambo Otieno, Gilbert Otieno Wandera, George Ochieng Gombe, Meshack Odera and Edder Jalang’o, who are members of Gor Mahia, have asked the polls be stopped or else they will move to court.

“We are instructed that you are currently engaged in an electoral process whose substance and the process is in violation of Sports Act no. 25 of 2013 and Gor Mahia Football Club Constitution in the following manner.” read the opening paragraph of the demand letter.
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“We are instructed that Gor Mahia have held its elections on December 11th 2016 from which the current Executive Committee derives its mandate.

“Under the constitution of the club, the Executive Committee was elected to a term of two years from the date of the election.

“We are also instructed that you purported to have conducted secretive and fraudulent elections on 9th March 2019 at Jukwaa Lounge wherein you equally filed fraudulent returns with the Registrar of Societies on April 30th of 2019. We are instructed that the said meeting and or election did not take place as alleged or at all.

“We are further instructed that under the same rules, you purported to have amended the constitution of the club and forwarded the same fraudulent document to the Sports Registrar.

“We are instructed that the said document purporting to be the constitution of the club does not in material respect or comply with the club’s conditional certificate of registration dated 8th June 2018, the Act or indeed the regulations made thereunder.”

The Elections Board and its formation are at the forefront of what has been contested by the members, who have questions regarding the mandatory Gor Mahia elections.

“We are further instructed that the Executive Committee members unilaterally abrogated upon themselves the powers to appoint members of the club’s Elections Board without consultation or approval of the members or any other stakeholders,” continued the letter.

“We are instructed that the same Elections Board has now come up with unlawful and illegal elections rules, regulations, guidelines, timetables and calendars and nomination forms.

“We are further instructed that all these activities of the biased Elections Board are designed to perpetuate the continued stay of the incumbents in office and indeed we are instructed that the chairman has already been declared as elected unopposed.

“We are instructed that most of the members including Ambrose Rachier and Francis Wasuna are term-limited by the act and therefore barred from contesting in any further elections of the club.”

The seven members have gone ahead and given the club a period of time within which their requests must be acted upon.

“We are under instructions to demand the following; Cease and desist from further conduct of the fraudulent elections purportedly scheduled for 8th August 2020,” it concluded.

“Adhere to the conditions of registration as stipulated by the Sports Registrar in the certificate of registration dated 8th June 2020.

“Conduct the club’s elections in accordance with Article 81 of the Constitution of the Republic of Kenya, 2010, the Act and the Club’s Constitution.

“We demand immediate written confirmation of your agreement to meet our legal demand together with an indication of how you intend to comply.

“We regret that unless we receive such written confirmation and accompanying proposals within the next seven (7) days, we will file a suit to enforce our clients’ rights without further notice and at your risk as to the costs and other consequences.”