FKF setback as SDT temporarily reverses decision to crown Gor champions

Football Kenya Federation has suffered a major setback in their quest to control the affairs of the running of the Kenyan Premier League after the Sports Disputes Tribunal issued orders against the decision by the FKF to end the season and declare Gor Mahia the champions.



The stay orders followed a joint application by Chemelil Sugar Football Club and Kenya Premier League, who challenged the validity and legality of the move, which was first made public through social media by former president Nick Mwendwa before a letter by FKF CEO Barry Otieno confirmed the decision on 30 April.



In the application filed under certificate of urgency on Monday, Chemelil and KPL have listed Mwendwa, Otieno and the FKF as respondents in the suit which argues that the decision was illegal since the federation cannot make decisions without a National Executive Committee.



Through an order issued on 17 March, the SDT ruled that the FKF NEC’s term had ended and as such left the FKF unable to make any executive decision until new officials are elected into office.



The applicants further argue that Mwendwa had no power to call off the season because, although article 43(2) of the FKF constitution provides that the president remains in office until another one is elected, he was part of the NEC that was sent home by virtue of the president being part of the NEC as provided for by article 37(a) of the FKF statutes.



“This application be and is hereby certified as urgent and he considered ex-parte in the first instance due to the nature of the reliefs sought,” ordered SDT chairman John Ohaga in his order dated 12 May 2020 which you can download here.



“Pending the hearing and determination of this application and/or the petition inter partes, the purported decision of the respondents cancelling the Kenyan Premier League 2019/2020 season he and is hereby stayed.”



Ohaga has directed that the applicants serve Mwendwa, FKF and Otieno through electronic mail or WhatsApp in the next three days ahead of the hearing on 26 May.



“In addition, the Application, the Petition and this order be served upon all teams participating in the Kenyan Premier League for the 2019/2020 season within the next three days.



“The Respondents and any teams participating in the Kenyan Premier League for the 2019/2020 season wishing to he joined to these proceedings shall file their responses within seven days from the date of service upon them of the application, the petition and this order.”



According to the court papers, supported by affidavits by KPL CEO Jack Oguda and Chemelil FC official Paul Korir, KPL have the exclusive rights of running and managing the top-flight league according to orders issued in petition 41 of 2016 in which the SDT gave a permanent injunction restraining FKF from interfering with the running of the league until 24 September 2020.