The Sports Disputes Tribunal (SDT) has declared the confirmation of former ICT Cabinet Secretary Hon. Eliud Owalo as Gor Mahia Football Club Patron unconstitutional, nullifying the appointment in a landmark ruling arising from a petition filed by former Gor Mahia Secretary General Sam Ochola.
In its judgment, the Tribunal found that the process used to confirm Owalo as Patron violated the club’s Constitution, ruling that the decision was made by an organ that lacked the legal authority to undertake such an appointment.
“The confirmation of Hon. Eliud Owalo as Patron of Gor Mahia Football Club… was unconstitutional, ultra vires and undertaken by an organ lacking the constitutional mandate to do so,” the Tribunal ruled.
It further declared that the confirmation was “null and void ab initio and of no legal effect whatsoever.”
The Tribunal also barred Owalo from holding or exercising the office of Patron unless he is lawfully appointed in strict compliance with the Gor Mahia Constitution.
“The Interested Party shall not hold or exercise the office of Patron unless and until lawfully appointed in accordance with the Club’s Constitution,” the judgment states.
In addition, the SDT directed Gor Mahia’s Executive Committee to convene an Annual General Meeting (AGM) within 60 days to facilitate the constitution of the club’s Board of Trustees as required under its Constitution.
The Tribunal held that the appointment of the club’s Patron can only be undertaken after the Board of Trustees has been duly constituted and must strictly adhere to Article 5.4 of the Gor Mahia Constitution.
It emphasized that no other organ of the club has the constitutional mandate to appoint a Patron, effectively rendering any such appointment made outside the prescribed constitutional framework invalid.
The ruling marks a significant governance milestone for the record Kenyan champions and is expected to shape the club’s leadership structure and constitutional compliance going forward.
