By Mark Baber
March 6 – The Kenya Football Federation (FKF) initiated injunction against the Kenya Premier League (KPL) was extended until March 13 at Thursday’s High Court hearing and this morning it was ruled that the attempt of Sammy Sholei and Dan Shikanda to be enjoined to the case has been successful. Meanwhile a FIFA spokesperson has told Insideworldfootball the world governing body is monitoring the situation.
The FKF injunction, preventing the KPL from organising football matches, was taken out the day before the season started – apparently too late for the orders to reach the relevant parties in time to prevent the league from kicking off.
The injunction has brought chaos to Kenyan football as the FKF attempts to launch its own Premier League, including the teams previously in the second tier. On Thursday the FKF attempted to have KPL CEO Jack Oguda, KPL chairman Ambrose Rachier, Tusker FC chairman James Musyoki, Ulinzi Stars Col. J.S Mwinyikai, Mathare United’s Bob Munro, AFC Leopards’ Allan Kasavuli and Sofapaka’s Elly Kalekwa committed to six month civil jail for contempt of court, whilst the KPL lawyer argued Oguga had left the office before 5.30pm, the time the injunction was supposedly served. This matter is expected to be dealt with by Lady Justice Aburili next week.
An application by ex-Kenya footballers and FKF officials Sammy Sholei and Dr. Dan Shikanda to be enjoined as interested parties for the Kenyan Premier League (KPL) Limited in the case was accepted this (Friday) morning, with the Judge apparently unconvinced by the FKF argument that Sholei, who was elected in 2011 as the FKF Vice Chairman and Shikanda who was elected Nairobi Branch Chairman were ineligible to be enjoined as they had been banned (by the FKF) from all football-related activities and the court case was football-related.
It is somewhat ironic that Sholei and Shikanda were suspended and then banned for six years on the grounds of taking a football matter to court in 2012.
On the substantive matter of the FKF’s civil suit both parties have been given until Monday to submit written applications arguing their case and the Judge is expected to give her rulings on Friday.
Recently, FIFA acted with vigour, following months of chaos in Nigerian football, to defend the principle of non-interference in football affairs by civil courts, with FIFA general secretary Jerome Valcke promising to suspend the Nigerian Football Federation if “we have not received proof that the case has been definitively withdrawn from court.”
In Kenya, FIFA have so far taken a far less forceful approach, with a FIFA spokesman telling Insideworldfootball this morning; “Throughout the past weeks FIFA has sent letters to both the Football Kenya Federation and the Kenyan Premier League in order to remind them of the relevant rules and provisions included in the FIFA statutes and offer the necessary support to solve the ongoing issue.
“We are currently monitoring the matter and can’t make further comments for the time being.”
KPL supporters were lamenting that they had been forgotten by FIFA and their football was on the verge of being dismantled. However, the statement from FIFA suggests that this may not be the case and that the governing body is aware of the league’s precarious position.
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