Football Kenya Federation (FKF) have moved to court in a frantic bid to quash an anticipated High Court ruling scheduled for March 5.
The High Court is expected to rule on an earlier case filed by County Football Associations (CFA) seeking the removal of the local governing body from office on grounds of contempt.
SDT had, on March 17, 2020, returned a verdict stating that the current FKF Executive Committee was in office illegally and, subsequently, called for the constitution of a Normalisation Committee to undertake FKF’s roles including organising fresh elections.
Regarding that decision, CFA wants the current leadership barred from managing the sport in the country, claiming they are in office illegally.
But the nation could witness a vicious legal battle between the two fronts after FKF moved to the corridors of justice on Tuesday seeking to forestall the anticipated High Court ruling.
In a case filed by their lawyers, MJM Law LLP advocates, the federation reckons the anticipated High Court ruling could deny them their rights to carry out their mandate.
“The ex-parte applicants are aggrieved with the competence and validity of the respondent’s decision in its entirety and have sought the intervention of the High Court to set it aside in the exercise of its judicial review jurisdiction on the grounds set out in the Chamber Summons as read together with the Statutory Statement and Verifying Affidavit filed herein,” said the court.
“Leave be granted to the Applicants to apply for the Judicial Review Order of CERTIORARI moving to the High Court for purposes of quashing the entire Directions and Orders of the Respondent dated January 23, 2024, together with any consequential proceedings and/or decisions arising therefrom in SDTSC No. E006 of 2021—Milton Nyakundi Oriku Vs Football Kenya Federation & 16 Others.”
On February 10, 2023, the county association sought orders against FKF, accusing the federation of alleged contempt of court.
The CA sought a permanent injunction from transacting the business of the FKF including accessing the offices and bank accounts of the Football Kenya Federation.
“On January 23, 2024, the respondent also set down the application dated February 10, 2023 for a hearing on February 5, 2024, which proceeded on the said date, and the application is now slated for ruling on March 5, 2024.
But the FKF legal team has expressed fear that the High Court ruling could likely plunge the country’s football terrain into a crisis similar to the one witnessed earlier when the country attracted a Fifa ban.
“The respondent may very well proceed to find the applicants guilty of contempt of its orders and/or remove them from office irregularly or block them from transacting the business of the FKF including accessing the premises and the bank accounts of the Football Kenya Federation, as sought in the application date of February 10, 20,23.”
CFA and FKF officials have been entwined in a prolonged supremacy battle over the very management of the game at both the grassroots level.
The Nairobi County Football Association secretary general Wilfred Marori had earlier lashed out at Sports Cabinet Secretary Ababu Namwamba for illegally reinstating Mwendwa and other FKF officials to office.
He argued that Namwamba’s decision contravened both the High Court and Sports Dispute Tribunal (SDT) rulings.
FKF was disbanded by former Sports CS Amina Mohamed in 2021 only for Namwamba to reinstate the officials upon his appointment in 2022.
