Court upholds ruling on aborted match between Gor Mahia and Nairobi United

The High Court has upheld a decision by the Football Kenya Federation Leagues and Competition Committee (FKFLCC) that the abandoned Premier League match between Nairobi United and table leaders Gor Mahia stands as a completed fixture.

While suspending a decision of the Sports Disputes Tribunal (SDT) that the (FKFLCC) retries the dispute between Gor Mahia and Nairobi United, Justice Roselyn Aburili concurred with lawyer Charles Njenga for the Football Kenya Federation (FKF) finding that the goal aggregate would remain a draw of 1-1.

The Milimani High Court stayed (suspended) the decision of SDT for the FKFLCC to revisit the whole dispute afresh which stemmed from chaos that erupted when Nairobi United scored in the match that was played at Dandora Stadium in December 2025.

Read: Bill seeks to criminalise match-fixing in Kenyan sports

FKF moved to the High Court to challenge a decision by SDT on the finding of the dispute filed at the FKFLCC to establish who between the two teams had won the match.

Mr Njenga, for FKF, told the court that the ruling of the FKFLCC was quite in order, legally binding and it should not have been disturbed by SDT.

In the case, filed under a certificate of urgency, FKF sought leave (permission) of the High Court to apply for an order of certiorari for quashing a decision of the SDT of March 6,2026 directing FKFLCC to retry the dispute filed by Nairobi United which had sought to be declared the winners of the match in question.

Nairobi United had filed an application to be determined by the- FKFLCC and the FKF Leagues and Disciplinary Committee (FKFLDC).

Further FKF urged the High Court to prohibit SDT from further handling the dispute arising between Gor Mahia and Nairobi United determined by the two committees- FKFLCC and FKFLDC.

Mr Njenga urged the judge to prohibit SDT from hearing any dispute filed by the two football clubs before they exhaust the appeal mechanisms provided for under “FKF Appeals Committees established under Article 67 of the FKF Constitution, 2017.”

Justice Aburili certified the case as urgent and granted a stay (suspension) of SDT ruling that the two committees relook a fresh at the dispute. The judge ordered Mr Njenga to serve SDT with the pleadings to enable file a defense. She further ordered the case to be heard on April 20, 2026.

In its ruling, SDT found that the committee, which is led by Peter Kamau, had erred and ordered it to conduct a fresh hearing of the matter.

The court heard that SDT erred in declaring that the FKF Disciplinary Committee, as presently constituted, is invalid. 

Read: FKF cracks the whip on poor refereeing in Kenyan football, but the rot runs deeper

Further, the SDT, nullified the FKF Rules and Regulations Governing Kenyan Football (revised), ruling that they were not adopted in accordance with the federation’s constitution.

It also ordered FKF to regularize the constitution of all its judicial bodies “within 60 days, ensuring full compliance with its constitution framework governing elections and appointments of members of its judicial bodies.”

The match between Nairobi and Gor, which was held on December 21 last year at Dandora Stadium was abandoned in the 58th minute due to crowd trouble with the teams locked 1-1. 

In a statement, on January 30, the committee said it determined that the match “was abandoned due to force majeure (irresistible compulsion).”

“In accordance with the FKF Rules and Regulations, the result at the time of abandonment has been upheld as a 1–1 draw,” added the statement by the committee. 

Dissatisfied with that ruling, Nairobi United filed an appeal before the SDT.

The matter was heard by a three-member panel comprising SDT Deputy Chairperson Allan Mola and members Peris Mukoko, and Luke Wamugunda.

In its ruling, the SDT said the committee’s decision was “reached under an invalid regulatory framework and in violation of the rules of natural justice.”

The tribunal directed that when the matter is reheard, the committee must fully adhere to the “rules of natural justice” and only apply the FKF Rules and Regulations Governing Kenyan Football (2019) and not the revised FKF Rules and Regulations Governing Kenyan Football that it had used. 

The SDT found that the revised FKF Rules and Regulations Governing Kenyan Football were enacted without compliance of Articles 21, 24, and 32 of the FKF Constitution.

Follow our WhatsApp channel for breaking news updates and more stories like this.

[email protected]