The stakes have been raised again in Gor Mahia with the recent order by the Sports Tribunal ordering the K'Ogallo fraternity to hold elections within the next 90 days as the current executive committee has outlived its sell-by date.
The Tribunal is not relenting, insisting that it expects an update every two weeks until the elections are held in accordance with the Sports Act 2013.
"We are closely monitoring the situation and we expect the officials to keep us updated on the measures they are putting in place to ensure that the elections are held as required," Gabriel Ouko of the Sports Tribunal told Nation Sport when reached on phone.
The ruling came after a member of the club, Bernard Agwera Omolo, approached the tribunal seeking an order compelling the club officials to conduct our elections.
In his prayers, Omolo argued that the term of office of the executive committee, which was elected on August 8, 2020, expires on August 8, 2024.
Club chairman Ambrose Rachier and fellow officials Francis Wasuna, Dolfina Odhiambo and Sam Ocholla were named as respondents. Ouko chaired the panel.
"That the governing body of Gor Mahia, namely the executive committee, is and has been illegally and irregularly holding office contrary to the provisions of the Sports Act, 2013 and the Sports Registrar Regulations, 2016 as the term of office of the executive committee expired on 8 August 2024," Omolo's memorandum of claim reads in part.
Firstly, that club elections be held within the next 90 days of the date hereof in accordance with the current constitution.
Secondly, that the Respondent's officers presently in office shall continue in office for not more than 90 days from the date hereof in order to ensure the continuity of the Club's activities and to facilitate compliance with the orders and directions herein to hold fresh elections.
Thirdly, that the cut-off date for members to vote is March 31, 2025, with the provision that members who had registered by December 31, 2024, will be allowed to vote because they had a legitimate expectation to vote in the elections scheduled for 2024.
Contacted for comment, Rachier said his team would comply.
"We had planned to hold an AGM where we would call for elections before we were stopped in our tracks. We are more than happy to call the elections," said Rachier, who holds the record for longest serving chairman at K'Ogalo.
He added that there would be some clarifications they would be seeking as they move towards the elections.
A source close to Rachier said there was a bigger plot in play where some people wanted to get into the leadership of the club without going through the legal process.
Elections at Gor Mahia also attract a lot of interest from non-members. As a community enterprise, passion for the club runs deep among those who claim some form of association with it.
Chris Omondi has run against Rachier in the past and says elections are not a panacea for Gor Mahia.
The die-hard Gor supporter, better known as 'Chris Hooligan' in club circles, says there is a great need for better structures at the club.
"We don't need elections... we need a structured discussion about the kind of Gor Mahia we want," he says.
"On the basis of such a discussion, we go for a constitutional process based on the path we have chosen. After that, we can go for elections with a structured membership, redefined branches and an agreed leadership structure," he says.
A few years ago, Nairobi politician Judith Nyangi was disqualified from defending her seat as the club's organising secretary on a technicality.
It seems that some people who were uncomfortable with Nyangi's rather combative nature did not want her back in the club's leadership.
As a result, a new rule was introduced requiring a degree to be an official of the club.
"I doubt if there will ever be elections at Gor Mahia. What we need is a professional approach to running the club. I can also tell you that the degree requirement was a tonne of rubbish that added no value to the running of the club," she said.
A staunch Rachier supporter, Nicholas Odhiambo, better known as Odhingi Kuonbel, believes the long-serving chairman remains the best choice for the club and that so far there is no one better to steer the club.
"All the people who could have offered an alternative leadership have contested and become MPs and governors. That leaves Rachier as the club's only hope," he said.
Brenda Ongalo, a lawyer specialising in sports, says the tribunal's decision will help Gor Mahia avert a vacuum that would have been created if the current incumbents had been thrown out, leaving the club in limbo.
"Within 90 days, the executive committee can now move and organise the elections after the tribunal. The other question is who is going to vote. It is good that the Tribunal has set out the details of who should be a bona fide voter. If the Tribunal's decision is not followed, any member of the club can go back and cite the four named officials for contempt, which would then invite further scrutiny of the club," she says.
