Kenya Volleyball Federation (KVF) president Charles Nyaberi has suffered a setback in his bid to represent the federation in the National Olympic Committee of Kenya (NOC-K) elections.
The Sports Disputes Tribunal (SDT) has dismissed Nyaberi’s appeal, ruling that the matter must be resolved internally within KVF before being escalated externally.
Nyaberi had taken legal action against NOC-K, the Independent Electoral and Boundaries Commission (IEBC), returning officer Muthee Gakuru, KVF deputy treasurer Moses Mbuthia, KVF secretary general Ismail Chege, and the Sports Registrar, seeking to be granted voting rights on behalf of KVF.
Nyaberi argued that the 2025 Elections Rules and Regulations — proposed during the General Assembly on December 11, 2024, and adopted at the Extraordinary General Assembly on March 12, 2025 — should guide the delegate selection process.
However, complications arose when he submitted a letter claiming the right to vote, supported by KVF deputy secretary general John Ogara.
At the same time, KVF secretary general Chege submitted a different letter naming Mbuthia as the designated voter.
According to the 2025 Elections Rules and Regulations, the appointment of delegates to the Elective Congress must be signed by both the federation’s president and secretary general, clearly indicating who holds voting rights.
Additionally, Article 17.4 of the NOC-K Constitution stipulates that nominations from any voting member federation or association are valid only if signed by the president and/or secretary general.
In its ruling, the Tribunal stated:
“The Notice of Motion dated 29/4/2025 be and is hereby dismissed. The amended statement of claim dated 05/05/2025 be and is hereby dismissed. The parties herein are to fully explore and conclusively exhaust all Internal Dispute Resolution mechanisms.”
The NOC-K elections, initially scheduled for April 23, were suspended after the High Court directed that KVF, Kenya Handball Federation (KHF), Kenya Taekwondo Federation (KTF), and Triathlon Kenya (TK) be allowed to vote.
However, the federations failed to agree on their designated voting delegates, forcing the adjournment of the Elective Congress.
The ruling, issued by SDT members Bernard Wafula and Allan Owinyi, further instructed the IEBC to proceed with the elections as planned and submit a report within seven days.
The matter will be mentioned again within ten days post-election to confirm compliance with the court’s orders.
“Sports Registrar and the IEBC Observers are to ensure strict adherence of the NOC-K Constitution and all procedures governing the elections,” the ruling added.
The SDT ruling on KVF is the second of its kind after it previously dismissed a similar case filed by Kenya Taekwondo Federation president Suleiman Sumba.
In its May 27 decision, the SDT instructed Sumba to comply with the 2025 Elections Rules and Regulations, which he had signed, in the interest of promoting good governance.
The tribunal stated that the leadership conflict between Sumba and Secretary General George Wesonga is an internal matter and should not interfere with the electoral process.
Earlier, on the morning of the elections (April 23), Milimani High Court Judge Bahati Mwamuye had temporarily granted KTF, TK, KVF, and KHF the right to vote.
However, he revoked the order on April 28 after realising the petitioners (Taekwondo) had not disclosed two earlier SDT decisions permitting the elections to proceed under specified conditions.
