Tribunal: Insufficient evidence

By francis marangu
Oct 18, 2016
  • KVF were cleared of any irregularities by the Sports Tribunal who dismissed a case by unsuccessful aspirant Moses Mbuthia. (Photo Courtesy)

Moses Wang’ombe Mbuthia has lost his case challenging the legality of Kenya Volleyball Federation (KVF) after his petition was dismissed in its entirety.

In a 13-page ruling delivered by the Sports Disputes Tribunal on Tuesday, all prayers sought by Mbuthia were overruled. The sole issue for determination in the case was whether the petitioner was entitled to the allegations made.

On the late filing of the petition, the tribunal ruled that lawyer Theophilus Kamwaro who represented Mbuthia failed to give a substantive reason. “On this issue, it is our finding that the delay in filing the petition is inordinate and inexcusable,” the ruling read.

On validity of the elections conducted on April 26, 2014, the tribunal said no sufficient evidence was produced. Among the evidence that the tribunal said was lacking include testimony of persons who took part in the elections, pictures of the open voting process and evidence of partiality of the returning officer.

“We determine that the petitioner has not met the standard of proof required for the tribunal to declare that they were a nullity.”

On the allegation that KVF has failed to file its audited accounts, the tribunal found that the petitioner has not particularly cited members who are guilty of the non-compliance. “From his pleadings, it is evident that he refers to the entire National Executive Committee to be guilty in this instance.”

The tribunal further ruled that co-option of women into the NEC is in accordance with the KVF constitution.