By Mark Baber
March 19 – In the wake of Monday’s lifting of the Kenyan Football Federation (FKF) injunction against the Kenyan Premier League (KPL), the KPL has announced new fixtures to make up for the two weekends lost, whilst reports suggest the rival FKF Premier League will be signing a broadcast deal this Friday.
The KPL has scheduled the initial Gor vs Bandari match for 4pm today, whilst there will be full rounds of mid-week matches on Wednesday (March 25) and again on Wednesday, April 5.
Monday’s court ruling, lifting the FKF’s injunction, has been published in full, confirming that the injunction was lifted due to the FKF action having been initiated by the Federation, an entity “devoid of the legal capacity to seek and obtain a remedy in its own name.”
The Kenyan High Court, however, does maintain it has jurisdiction over the matter, particularly given the failure of CAS to be convened between the parties, saying: “Regrettably, this court is concerned that FIFA, the world football governing body, after the dispute between the applicant society officials and the 1st defendant was declared, instead of convening the CAS between the warring parties, dispatched a consultant to inquire into the matter.
“The said consultant simply made recommendations and since then, there have been threats to the effect that the parties should look for local solutions while otherwise Kenya stands to be banned from participating in regional, continental or international involvement in Football if parallel leagues are commenced. That in it left the Kenyan Federation without an effective remedy outside the court room. In established equitable principles, there can be no wrong without a remedy. The Federation had therefore to forum shop to find a local remedy because the world governing body did not, it appears seem keen on intervening in the
resolution of the dispute herein.”
FIFA’s consultant recommended the KPL stay at 16 teams for this season but his report was rejected by the FKF.
The Kenyan High Court says: “Parties are implored and encouraged to explore a negotiated settlement of this matter out of court.”
However, the Lady Justice says that having disposed of the injunction due to the legal capacity issue, she is “not inclined to go into the merits of the substantive motion” and, leaving the way open for a reopening of the matter, she says “to delve into the merits of the substantive notice of motion filed by the nonentity would be prejudicial to the now parties to the fresh suit as instituted on 2nd March, 2015 by way of an amendment to the original plaint.”
In the wake of the courts direction, the FKF has written to the KPL, suggesting a solution whereby the FKF Premier League consists of two zones – zone A including the FPL-run league and Zone B consisting of those clubs promoted from the second tier now playing as the FKF Premier League. At the end of the season a mini-league of four teams would be formed to determine the champions, with “the remaining teams” participating in a one-off playoff to get those who remain in the league with the losers facing relegation.
Although the precise modalities of the FKF suggestion seem unclear from their letter, they are similar to a previous proposal and appear to meet the same objections, in so far as they contravene FIFA statutes on promotion and relegation on sporting merit.
Meanwhile, unconfirmed media reports suggest that the FKF will on Friday be formally unveiling a two-year broadcast deal with Azam TV organised through media rights agency MP&Silva, who bought rights to broadcast the FKF league and appear to be bankrolling the FKF effort to set up their own top tier league.
With the attempts to negotiate a local solution already looking to be on the rocks, and both sides intent on continuing to run their leagues, it remains to be seen if FIFA will intervene directly or if matters will return to the Kenyan courts.
Contact the writer of this story at moc.l1734915411labto1734915411ofdlr1734915411owedi1734915411sni@r1734915411ebab.1734915411kram1734915411