Thread by @MistaWahome, Key decisions of the Sports Dispute Tribunal made today in regard to [...]

Key decisions of the Sports Dispute Tribunal made today in regard to the matter between FKF and Challengers to its current constitution

1. The Tribunal at paragraphs 176 and 177 of the decision dated and delivered on 17th March 2020 explored fully the invitation by the Challengers to request the Cabinet Secretary to intervene in the affairs of FKF and arrived at the conclusion that this route was not....

... open to the Tribunal. Accordingly, this issue has been fully dealt with and determined by the SDT and the SDT is in full agreement with the assertion by counsel for FKF that the issue is "res judicata" (a matter decided by a competent court and cannot be pursued further)...

2. The protection and conservation of the Federation’s’ Assets, Property and Bank Accounts

The Challengers have brought this next limb on the premise that the term of office of NEC having come to an end, there is a real danger that the officials of FKF....

... will dissipate the property of the Federation and that this must be safeguarded.

SDT finding is that the evidence offered is based on conjecture and is such that no decision-making body, properly applying its mind to the facts presented to it, ....

...could possibly reach the conclusion that the allegations made meet the evidentiary threshold which would require a response from the FKF....

....Not being satisfied that this threshold has been met, it becomes unnecessary to consider the Federation’s response and the application is accordingly, dismissed.

The there is the Matter of Contempt of the SDT by the FKF President

The third broad limb of the applications seeks to cite the President of the Federation as well as the NEC for alleged contempt......

19.2 The Tribunal at paragraph 123 of its decision of 17th March 2020, recognized that Article 43(2) of the FKF Constitution 2017 provided that the President of the Federation stays in office until the next president is elected into office......

...It becomes clear, therefore, that the President of the Federation cannot be impeached or accused of contempt in relation to acts or activities undertaken in the ordinary course of carrying out duties and responsibilities which are attendant to this position.......

......Based on this premise alone, the allegations directed against the President of the Federation cannot be sustained.

Then comes the big one on the contempt section of the decision.
Suspected perjury by FKF CEO/GS Barry Otieno...

...One matter, however, continuous to trouble the Tribunal and this is with respect to the authorship of the letter of 18th March 2020 addressed to FIFA. It is the Tribunal’s view that certain aspects of the letter seek to undermine the authority of the Tribunal....

...The Tribunal, as a statutorily constituted judicial body, has available to it the legal mechanisms in its arsenal to deal with instances where its authority and dignity is undermined, and it will suffice to state at this point that in view of the conflicting assertions...

...one by Barry Otieno that he did not author or sign the letter of 18th March 2020 addressed to FIFA; and secondly the allegation by Milton Nyakundi that this letter is authentic and was signed by Barry Otieno.....

....it becomes necessary to refer this issue to an appropriate investigative agency because, if Barry Otieno did infact sign this letter, then he would certainly be guilty of the offence of perjury.....

...the penalty for which is set out inter alia at Section 11 of the Oaths and Statutory Declarations, Chapter 15 (penalty for false declaration) and more seriously at Section 108 of the Penal Code, Chapter 63....

....(Perjury and Subornation of Perjury) and for which the punishment is set out at Section 110 of the Penal Code (imprisonment for seven years)....

...Accordingly, the Panel directs the Secretary to the Tribunal to take appropriate steps to bring this contested letter of 18th March 2020 addressed to FIFA to the attention of the appropriate authorities ......

...and to request that a full investigation be conducted into its authenticity and authorship or otherwise, so that necessary further steps can be taken depending on the outcome of the investigations...

Pictures of Full Decision are here
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