Court halts delivery of ruling in contempt case against FKF
Football Kenya Federation president Nick Mwendwa, flanked by his deputy Doris Petra (right), addresses journalists after submitting his documents to the Football Kenya Federation’s Electoral Board at Goal Project at Kasarani on October 23, 2019.
What you need to know:
- Lady Justice Olga Sewe allowed Mghendi to apply for a judicial review order to quash the directions and orders that had found FKF top officials culpable for acting against the law
- A similar case filed by FKF seeking to stop the SDT from making its ruling scheduled for Tuesday is pending at the Kiambu High Court
- This comes amid a move by the Sports Registrar Rose Wasike to bar Mwendwa and his deputy Doris Petra from prolonging their eight-year stay in office
The High Court has temporarily barred the Sports Disputes Tribunal (SDT) from delivering a judgement in a contempt case against Football Kenya Federation’s top leadership.
The court, sitting in Mombasa, made the order Friday following an urgent application by Gabriel Mghendi, FKF’s National Executive Committee (NEC) member for the Coast region.
Lady Justice Olga Sewe allowed Mghendi to apply for a judicial review order to quash the directions and orders that had found FKF top officials culpable for acting against the law. The application should be filed within 14 days.
A similar case filed by FKF seeking to stop the SDT from making its ruling scheduled for Tuesday is pending at the Kiambu High Court.
In the Kiambu case, FKF, its president Nick Mwendwa, General Secretary Barry Otieno, and 11 others have, among other prayers, asked the court to quash an earlier ruling by the Sports Dispute Tribunal that the federation officials' removal from office in 2021 stopped them from acting in any way on behalf of the federation.
The FKF will hold its Annual General Meeting (AGM) on March 16.
The AGM will, among other issues, discuss and approve or reject the electoral guidelines and a committee set up to oversee the body’s elections in September 2024.
This comes amid a move by the Sports Registrar Rose Wasike to bar Mwendwa and his deputy Doris Petra from prolonging their eight-year stay in office.
The two court cases in Kiambu and Mombasa are, meanwhile, a follow-up to a case filed at the SDT by sports journalist Milton Nyakundi, who questioned why FKF continued to operate and even draw funding from the government and other organisations even after the sports body was disbanded by the Sports Cabinet Secretary then, Amina Mohamed, in 2021.
The scribe further says in his court papers that a High Court ruled in July 2022 that Amina was within her legal powers in disbanding FKF.
Nyakundi further prayed that FKF officials be jailed for six months and fined for contempt, and, upon release, barred from accessing the FKF offices and bank accounts.
FKF’s attempt to block the SDT from hearing and determining the case is certain to raise eyebrows, considering the federation is bound by the Sports Act to have its disputes mediated at the tribunal.
