Sport Tribunal adjourns hearing of KPL vs FKF case

The Sports Disputes Tribunal on Tuesday adjourned the hearing of a case brought before it by the Kenyan Premier League (KPL) against Football Kenya Federation over the constitution of the top flight competition to November 22.

This is after KPL sought and were granted two weeks to study the replying affidavit presented to the John Ohaga-led Tribunal as the debate over whether the top flight should retain the current 16 or 18 as favoured by the governing body rages on.

The suit was filed by KPL that sought to bar the federation from expanding the league by passing a resolution through its Annual General Meeting in October.

“I have only received the affidavit here today (Tuesday) so I’m in no position to discuss the matter,” KPL lawyer Geoffrey Obura told the sitting.

The federation, represented by Patricia May Mitei, who was holding brief for Ken Ochieng, explained to Ohaga that the affidavit had been served late since vital documents needed had only been acquired on Friday.

The Tribunal chair however, advised both parties to consider exploring the option of finding an arbitrator to resolve the crisis that puts the promotion to and relegation from the KPL into disarray.

“The season is coming to an end and you both belong to the same discipline. In case you find it troublesome getting a mediator then always remember the Sports Tribunal can as well act one,” Ohaga offered.

Following his election in February, FKF boss Nick Mwendwa pledged to expand the top flight by promoting four teams from the second-tier league at the end of the season with the customary relegation of two teams from the KPL set to be upheld.

However, KPL maintain adding two teams to the top flight will be cost inhibiting with the 16 member teams who are equal shareholders resisting the idea of sharing revenues accruing to title and broadcast rights beyond the current deals.

Recent media reports put the ownership of the KPL Limited into question suggesting not all the 16 member clubs are shareholders suggesting according to documents sourced from the Registrar of Companies it is owned by only four.

Outgoing champions Gor Mahia, AFC Leopards, Mathare United and the defunct Sher Karuturi are listed as the original shareholders of the company established in 2003 that runs the competition according to the reports.

In March last year, FKF under the leadership of Sam Nyamweya obtained a High Court injunction against KPL suspending the league for two weeks shortly after the start of the season when he tried to force through the increase to 18 with the case eventually thrown out.

Nyamweya had promoted a record 14 clubs to the top tier but after arbitration that involved world governing body FIFA, KPL was allowed to run as constituted with no teams demoted to the second tier that was christened FKF Premier League- the forerunner of the National Super League.

Posta Rangers and Kakamega Homeboyz who had won their Nationwide Division One and Division Two Zones in addition to Nakumatt FC and Kariobangi Sharks- then under the chairmanship of FKF boss Nick Mwendwa- who finished second thus missed a chance to play in the 2015 KPL.

Nairobi City Stars and Nakuru All Stars who had finished in the bottom two in the 2014 KPL were spared another season in the top tier with the former going down then and the latter following suit this term- at least on the pitch.