Hon. Eliud Owalo has moved to the High Court seeking to suspend the implementation of a Sports Disputes Tribunal (SDT) judgment that declared his appointment as Gor Mahia Football Club patron unconstitutional and invalid.

In an application filed at the Milimani High Court Civil Appellate Division, Owalo is asking the court to stay execution of the judgment delivered on August 4, 2026, pending the hearing and determination of his appeal. He is also seeking a temporary status quo order allowing him to continue serving as Gor Mahia patron while the legal battle is determined.

The application follows a ruling by the SDT in a case filed by Samuel Ochola, a former Gor Mahia secretary general and life member, who challenged the process through which Owalo was confirmed as patron after the death of former patron Raila Odinga.

The Tribunal found that Gor Mahia’s Executive Committee did not have the constitutional authority to appoint or confirm a patron. According to the judgment, that responsibility belongs to the club’s Board of Trustees, which has never been constituted under the 2019 Gor Mahia Constitution.

The Tribunal consequently declared Owalo’s confirmation null and void and directed the Executive Committee to convene an Annual General Meeting within 60 days to facilitate the nomination and constitution of the Board of Trustees. It further ordered that any subsequent appointment of a patron must strictly follow Article 5.4 of the club’s Constitution.

Owalo, however, argues in his appeal that the Tribunal misinterpreted the club’s Constitution, particularly Articles 9, 11 and 12(7), which he says empowered the Executive Committee to fill the vacancy created following Odinga’s death.

He also challenges the Tribunal’s finding on the doctrine of necessity, arguing that the club could not function effectively without a patron. His lawyers contend that failure to suspend the judgment could have serious financial consequences for Gor Mahia because his removal could disrupt ongoing efforts to mobilise resources for the club.

In his supporting affidavit, Owalo states that he has been involved in fundraising for Gor Mahia and claims to have provided financial support exceeding Ksh. 50 million over the past two decades. He also says he helped secure a Ksh. 30 million sponsorship from Plascon and is currently involved in negotiations with about ten corporate entities ahead of the club’s CAF Champions League campaign.

He further argues that his appeal raises important questions of law and fact and has reasonable prospects of success. Among the grounds cited are alleged violations of the Evidence Act, the Gor Mahia Constitution and the doctrine of necessity.

Owalo is therefore asking the High Court to preserve the position that existed before the Tribunal’s judgment while his appeal is heard and determined.