Gor Mahia AGM in Legal Limbo Over Executive’s Expired Term
The Gor Mahia AGM scheduled for Saturday faces legal challenges at the Sports Disputes Tribunal (SDT) over claims of non-compliance with the Sports Act, 2023, the Sports Registrar Regulations, 2016, and the Constitution of Kenya.
Lawyer Benard Agwera Omolo alleges that the club’s executive, led by chairman Ambrose Rachier, is in office illegally, as their term expired on 8 August 2024, and therefore, they cannot call for an AGM.
“On 8 August 2020, the Executive Committee of Gor Mahia Football Club was elected into office, and its term expired on 8 August 2024,” Omolo states in a sworn affidavit.
Omolo also accuses the club’s management of failing to amend the club’s constitution in compliance with the Sports Act and the Constitution of Kenya, refusing to hold an AGM since the election, lacking a strategic plan as required by the Sports Registrar, and failing to constitute a board of trustees as mandated by the club’s constitution.
Additionally, K’Ogalo is accused of operating two conflicting MPESA Paybill numbers, causing confusion in member registration, and failing to identify the AGM venue in its notice.
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In a July letter, the Registrar of Sports reminded the club to comply with the various provisions of the law and hold timely elections. The letter also urged officials whose terms had expired after eight years in office to plan for an exit.
Under a certificate of urgency, Omolo is requesting the SDT to declare the current executive illegally in office due to gross violations of the Sports Act, the Constitution of Kenya, and the club’s constitution. He also calls on the Registrar of Sports to form a Caretaker Committee to oversee the club’s operations on an interim basis.
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