Court to proceed with Nyamweya’s case against FKF, KPL
The Nairobi High Court has dismissed an application by Football Kenya Federation (FKF) President Nick Mwendwa seeking the withdrawal of a case filed against the federation and the Kenyan Premier League by his predecessor Sam Nyamweya.
Nyamweya had sued his successor Mwendwa and the league management as well as the Sports Disputes Tribunal over the stalemate that led to the delayment of the 2017 league season claiming they had made unilateral decisions to the detriment of football in the country.
He had also sought an order to have the CAF licensing requirements adopted by FKF suspended and wanted federation management blocked from interfering with rules and regulations of the KPL.
On their part, FKF wanted the case dismissed on grounds that it lacked merit but Judge John Mativo ruled that the objection by Mwendwa was unwarranted adding that the application was not based on pure point of law to warrant the case dismissal.
Mwendwa and Robert Muthomi on behalf of FKF and KPL through their advocates had raised objection towards the court hearing the matter on the basis that Nyamweya’s case does not disclose violation of constitutional rights,therefore it is not sufficient for Nyamweya to allege constitutional rights violation.
In the case, Nyamweya wants the court to block FKF and their officials from discussing or interfering with the ownership and management of the KPL.
Further, that the agreement in dispute was entered between two legal persons and that when dispute arose, the same was heard by the SDT and a determination made.
Justice Mativo reiterated that the grounds given for preliminary objection do not touch on the pure points of law as it ought to be; and that it is argued that Nyamweya lacks authority to institute the matter an allegation that the court found nothing to support.
Nyamweya had moved to court seeking to suspend club licensing rules; and also had sought temporary order blocking FKF and their officials from discussing or interfering with ownership and management of Kenya Premier League.
At the center of the tussle between the FKF and KPL that forced a deferral of the league’s kick-off by more than a month was the composition of the top division.
While Mwendwa wanted the KPL expanded to consist of 18 teams, the league’s management maintained finances to run the league were only sufficient to support the customary 16-team format.
However, through talks brokered by the SDT, the reached a consensus to expand the league on condition the federation would fund the extra two clubs.
Fresh battles emerged when the FKF relegated Muhoroni Youth and Sofapaka FC for failing to meet CAF licensing requirements as Mwendwa went on to promote Vihiga United and KCB FC – who had finished fifth and sixth in the second-tier.
In defiance, the KPL included the two relegated clubs in their initial fixtures rota which prompted Mwendwa to take the drastic measure of suspending the league as the power battle reached its head.
The tribunal then intervened, locking the four clubs out of the top division until the case was determined as well as ordering the KPL to release the fixtures for the new season. It paved way for the kick-off.
Later, the tribunal reinstated the two and nullified FKF’s decision to promote Vihiga and KCB after determining the grading manual used by the FKF to relegate the clubs was defective.
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