Is there case in looming Kenya Premier League, FKF legal battle?
A legal battle could be in the offing pitting Football Kenya Federation (KPL) and Kenya Premier League (KPL) as well as some clubs after the former’s decision to wind up the top tier at the halfway stage due to coronavirus.
FKF boss Nick Mwendwa announced last week that Gor Mahia have been crowned champions with Chemelil Sugar and Sony Sugar being relegated while Nairobi City Stars and Bidco United were promoted to the top tier.
Mwendwa said this was enforced after CAF sought a way forward on the status of the leagues in the country before May 4 and with no clear indication on when action would resume, FKF was forced to apply a provision in the law that provides for an end at the half way mark in case of unavoidable circumstances.
However, the decision has drawn the ire of KPL honchos who feel their mandate to run the league has been usurped by FKF with a number of aggrieved clubs such us Chemelil and Kakamega Homeboyz, who were second on the league taale, expressing a desire to go to court.
But do they have a case? “Even in the last ruling by High Court Judge Justice John Mativo in 2016 during the contest on who is responsible for running and management of football in the country, FKF were given the benefit of doubt.
FKF are obligated by law to run football matters in the country and that is why during the expansion of the league that was a subject of controversy, Sports Dispute Tribunal in 2017 allowed the FKF after monetary agreement of Sh38 million to include Zoo Kericho and Nakumatt FC to partake in the KPL after what FKF argued was inclusivity,” said lawyer Patricia Mitei.
Outspoken Chemelil boss Moses Adagala has a different view: “He (Mwendwa) is even going against the Constitution of the federation which he is a member.
Rules are clear because indeed nobody met the 75 per cent threshold as at stoppage but still as at mid-season not all had completed their matches,” he said.
