President Ruto's Former Chief of Staff Eliud Owalo's Appointment as Gor Mahia Patron Nullified
The Sports Disputes Tribunal (SDT) has nullified the appointment of Eliud Owalo as Gor Mahia patron, citing contravention of the club’s constitution.
In a landmark judgment delivered on Wednesday, 5 August by Tribunal Chairperson Peris Mukoko, the court held that Gor Mahia's Executive Committee lacked the constitutional mandate to appoint or confirm a club patron, declaring the decision null and void from the outset.
The petition was filed by former Gor Mahia Secretary General Samuel Ocholla, who challenged the legality of Owalo's appointment, arguing that it contravened Article 5.4 of the club's 2019 Constitution.
Ocholla maintained that only a duly constituted Board of Trustees has the authority to appoint the club's patron.
In the ruling delivered today, the tribunal argued that the power to appoint a club patron is vested in a board of trustees and not the Executive Committee, who appointed the former Cabinet Secretary.
“Article 7 establishes the Board of Trustees as the top oversight governing organ of the Club. Article 8(1) reiterates that the Board of Trustees shall appoint the patron. The Club’s Constitution therefore vests the power to appoint the Patron exclusively in the Board of Trustees. The Executive Committee is not granted this power,” the tribunal argued.
The judgment noted that since the adoption of the 2019 Constitution, Gor Mahia has never constituted the Board of Trustees despite it being the body exclusively mandated to appoint the club's patron.
The Tribunal rejected arguments by both the Executive Committee and Owalo that the appointment was justified under the doctrine of necessity because the Board of Trustees had never been formed.
The tribunal further agreed with Sam Ochola, who had lodged the case with SDT, that the offices of deputy patron and acting patron are non-existent.
Before his appointment as patron in November last year, Owalo was the acting patron following the demise of former Prime Minister Raila Odinga, who had been the club supremo.
He was also the club’s deputy patron when Odinga was alive.
“The Tribunal also notes that the Club’s Constitution does not contemplate the offices of “Acting Patron” or “Deputy Patron.” These titles do not appear anywhere in the constitutional text and have no foundation in the governance structure established therein. Their creation was therefore administrative rather than
constitutional and they cannot be relied upon to infer, imply, or expand constitutional authority where none exists,” the ruling reads.
In conclusion, the Football Kenya Federation (FKF) Premier League champions have been directed to convene an annual general meeting (AGM) within 60 days during which nominees for the board of trustees will be identified and nominated.
The board will then be responsible for appointing a patron in strict adherence with Gor’s constitution.
In the meantime, it will be interesting to see how the latest court battle influences the team’s fortunes on the pitch.
For Ochola, it is another victory after he successfully obtained court orders barring the club’s AGM, that was earlier set for this weekend at the Kasarani Stadium.