- Gor Mahia signed Miheso in August 2019 and agreed to a signing fee of Sh1.5 million, gross monthly pay of Sh150,000 and allowances.
- Miheso said the money was not paid which the club denied but provided no evidence to support the same.
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Clifford Miheso Ayisi started playing for Gor Mahia Football Club in 2019, following a contract signing.
However, the terms of the agreement were not honoured as the footballer's signing fee, salaries and allowances were withheld.
This included Sh1.5 million that was to be paid in monthly instalments from August 15, September 15 and October 15, 2019.
Miheso was also meant to be paid a gross monthly salary of Sh150,000 exclusive of other allowances, Sh5,000 allowance for winning a game and a base allowance of Sh300 per day.
His unpaid dues included those for October 2020 to July 2021, and the winning allowances for the 2019/2020 and 2020/2021 seasons.
In February 2023, the footballer moved to the Sports Disputes Tribunal submitting that the club owed him Sh2,225,500 together with interest at the rate of 14.5 per cent from July 2021.
He said this was a breach in the contract signed on August 9, 2019, between himself and Gor Mahia.
Miheso said he had attended all games as required and training sessions as scheduled.
He also said that there was no agreement for the FC to keep his dues.
Gor Mahia however said it had paid the agreed signing fee, salary and allowances but did not provide any evidence to show that it did.
It said the claim for allowances between August 9, 2019, April 30, 2020 and October 2020 to July 2021 was unwarranted as the Football Kenya Federation (FKF) Premier League had been suspended due to the Covid-19 pandemic.
This meant that there were no ongoing games in the league for Miheso to be entitled to any allowances.
Gor provided press statements dated March 13, 2020 and March 26, 2021, from FKF showing the league suspension.
The tribunal however found that the defence that the Covid-19 pandemic affected the contract, could not be entertained.
"The claim that the Covid-19 pandemic affected the fulfilment of the contract on the part of the Respondent (Gor) cannot be entertained as they have not cited any provision of the contract they relied on," the court papers say.
Further, the tribunal found that the FKF press statements were not part of the 2019 contract and could not be used in the case.
It also found that some payments like the training, signing fee and winning allowances remained outstanding since 2019.
"This is way before the Covid-19 pandemic hit the country," it said, adding that Gor was using the same to deny Miheso his dues.
The tribunal led by Panel chairperson Elynah Sifuna-Shiveka gave a judgement against Gor Mahia FC for the Sh2,225,500.
It also ordered the payment of interest on the aforesaid amount, at court rates from August 8, 2023.
Miheso was ordered to pay the costs of the suit.