By Mark Baber
February 23 – Sam Nyamweya (pictured), head of the Football Kenya Federation (FKF) has taken his battle against the Kenyan Premier League (KPL) to a new level, reportedly obtaining an injunction from a civil court in an attempt to stop the KPL from kicking off. Nyamweya’s move has raised eyebrows, not least due to his own previously expressed stance with regard to recourse to the courts in football matters.
Last Friday the FKF, with the support of an affidavit from Nyamweya, reportedly managed to persuade Milimani High Court judge Justice Mbogholi Msagha to bar the KPL “from hosting, running, managing or in any way conducting a parallel Premier League in Kenya in the name of Kenyan Premier League or in another name for 14 days from today February 20.”
The move comes as a surprise since it comes in direct violation of FKF rules which state the “FKF, its Members… will not take any dispute to Ordinary Courts unless specifically provided for in these Statutes and FIFA regulations. Any disagreement shall be submitted to the jurisdiction of FIFA, CAF or FKF.”
The case against taking football matters to court was put strongly by Nyamweya himself last September when, in his capacity as head of the FKF he wrote to the Kenyan judiciary, saying “I wish to congratulate you, Justice Mumbi Ngogi and the judiciary for the new landmark and precedent setting ruling in the High Court last Thursday.”
“That case concerned a belated appeal involving three suspended FKF officials who wanted to stop the FKF Special General Meeting the next day on the grounds they had been wrongly suspended … for going to court earlier in violation of Article 67.1 of the FKF Constitution and Article 68 of the Fifa Statutes which both prohibit taking football disputes to ordinary courts of law.”
Nyamweya went on to congratulate the Justice in that case saying: “In her ruling regarding their request, Justice Ngugi rightly noted the failure of the appellants to submit and resolve their dispute using the judicial bodies and remedies already available in football.”
Indeed, Nyamweya went on to express the hope that that case would set a precedent, saying: “I trust her correct ruling and reasoning will now establish a legal precedent and ensure that Kenyan courts will no longer be misused in football disputes.”
Particularly given FIFA’s solid opposition to recourse to the civil courts in Nigerian football affairs, FIFA’s handling of the Kenyan dispute, where it is those controlling the federation who are taking court action, should be quite instructive as to FIFA’s commitments in this area.
Meanwhile, KPL CEO Jack Oguda has said he has not yet been served with the injunction, telling local media: “We have not received any injunction but I will discuss the matter with my chairman, Ambrose Rachier who is a lawyer before making decisive decision but if we are not served with the Court Order then we will go on with our league as planned.”
Four games of the new season went ahead as scheduled on Saturday, whilst comments by media and fans reveal the reputation of the football authorities in Kenya has hit a new low, with commentators calling variously for Nyamweya to be sacked, for KPL and FKF heads to be banged together, or simply reaffirming their preference to follow English and Italian league football.
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