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Bidian Okoth & 12 others v Gor Mahia Football Club [2017] KESDT 4 (KLR)

[2017] KESDT 4 (KLR) KESDT
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Court
KESDT
Case number
4
Citation
[2017] KESDT 4 (KLR)
Decided
4 April 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSports DisputePosturePetition against Gor Mahia Football ClubCoramLady Justice
Holding

The Petitioners are not members of the Club and the Respondent did not breach any statutes or the Club's Constitution during the election process.

Facts

The Petitioners claim to be registered and fully paid-up members of Gor Mahia Football Club. They allege that the Respondent breached various provisions of the Constitution, Sports Act, Societies Act, and Club's Constitution during the election process.

Issues

  1. Whether the Petitioners are members of the Club
  2. Whether the Respondent breached Article 81 of the Constitution of Kenya 2010 in conducting elections
  3. Whether the Respondent breached the second schedule of the Sports Act, No. 25 of 2013 in conducting the elections
  4. Whether the Respondent breached Section 29(1)(b) of the Societies Act in conducting the elections
  5. Whether the Respondent breached the Constitution of the Club
  6. Whether Authority to Appear, Plead and Act had been given to the 1st to the 13th Petitioners by the 1,537 Petitioners
  7. Whether secondary elections that are exclusive to the disenfranchised members should be ordered

Reasoning

The Petitioners were not registered members of the Club and their claims regarding breaches of statutes and the Club's Constitution were not substantiated.

Outcome

The Petition is dismissed.

Authorities cited

Legislation (4)
  • Sports Act, No. 25 of 2013
  • Societies Act, Chapter 108
  • Constitution of Kenya 2010
  • Football Kenya Federation Constitution
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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