FKF ordered to pay 0.9m to a Nakuru stadia caretaker

Labor and employment relations court in Nakuru has ordered Football Kenya Federation (FKF) to pay KSh.900,000 to a ‘Naivasha stadia caretaker’, an accumulated debt from unpaid salary.

In a ruling by Justice Stephen Radido, the judge questioned FKF’s failure to present her case before the court, justifying they indeed owed the claimant.

On February 21, the federation through her lawyer told the court they were closing their case without leading evidence and the claimant lawyer filed submissions.

“Failure by the respondents to present or give lead evidence, the court finds that the claimant has proven his case on a balance of probability,” ruled Justice Radido.

Elvis Mwangi, a caretaker of ‘the proposed FKF Stadium’ in Naivasha went to court mid last year and sued the federation over unpaid salary.

Mwangi who was appointed through a letter dated September 10, 2014, earned a basic salary of Ksh.50,000, but was paid for only a few months.

In his affidavit, Mwangi said that the football body stopped paying him after three months of service, prompting him to report the matter to Naivasha Labor Office.

Consequently, FKF was sent a letter by the labor office, directed to the president to no response.

“I am suffering as a result of FKF’s malicious and unfair actions. I have a family to feed and our situation is getting worse because I am not receiving any salary,” read part of the affidavit.

Advocate Wachira Wanjiru who filed the case under a certificate of urgency said the respondents failed to honor letters and calls by the labor officer to pay her client. She therefore requested the court to order payment of the money as a salary from January to 2016 to the date of the application.

In her argument, Wanjiru said that the County Labor Officer in Naivasha wrote three letters to FKF president Nick Mwendwa, demanding payment of the arrears immediately but failed to comply.

The federation through their replying affidavit by General Secretary/CEO Robert Muthomi, said they have never employed Mwangi as caretaker.

Muthomi added that the letter of appointment by Mwangi is a fabrication with an intention to defraud the federation.

He further said that the federation is not ware of such proposed stadia and do not have any plans to put up a stadium in Naivasha.

Justice Radido certified the matter as urgent and declined to issue orders until the case was heard and determined.