Was the KBF election valid?

This piece seeks to highlight an issue which I have been mulling over for several months in the recent past in the context of my evaluation of the legal framework with regards to sports in Kenya. I have tried to relate this evaluation in the context of basketball, which is where I have been involved in over the years.

It concerns membership of the KBF and how it relates to the Sports Act, 2013. KBF membership comprises of clubs, county branches, the National Executive Committee, The Players Association, The Women’s Commission, The Referee’s Commission, Coaches Commission.[1] To qualify for membership to KBF, the Constitution requires that these entities be registered with the Sports Registrar.[2] However, it is notable that the Sports Act only recognizes clubs, county associations or national organizations as the only entities which can be registered under the Act.[3]

This would mean that the Commissions and the Player’s Association cannot be registered under the Sports Act as required by the KBF Constitution. There is no forum for their operations legally under the Sports Act and the KBF Constitution. The Women’s Commission, The Players Association, The Referee’s Commission and the Coaches Commission thus have no legal capacity or status under which to operate. Their operations cannot be legalized as the instruments forming them are irreconcilable.

Therefore, the KBF Constitution has handicapped these bodies, having established conditions for membership which are not aligned with the Sports Act, 2013, thereby establishing institutions which are incapacitated by its very constitution.

In the premises, this situation has significant consequences, not the least of which is the conduct of elections under the KBF Constitution. It must be noted that the KBF Constitution outlines those eligible to vote in the elections of the National Executive Committee. These include one vote each from the Referee’s Commission, the Women’s Commission, the Coaches Commission and the Players Association.[4] There being no forum for their registration, can the representatives of these Commissions and the Player’s Association be legally eligible to vote? And if not, was the recent election even valid?

In order to best perform its functions, the KBF Constitution needs certain crucial amendments so that it is consistent with the Sports Act 2013.

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[1] Article 4(1) KBF Constitution [2] Article 4 (2) (c) KBF Constitution [3] Section 46 (2) Sports Act 2013 [4] Article 6(7) (3) KBF Constitution