NAIROBI October 24 – The court of Appeal has dismissed an application by former Kenya Football Federation (KFF) chairman Sam Nyamweya to suspend a June ruling ousting him from the federation’s leadership.
Court of Appeal judges Riaga Omolo, Phillip Tunoi and Emmanuel O’Kubasu ruled on Friday that Mr Nyamweya did not satisfy the court over his claim terming his appeal an exercise in futility.
The judges conceded that under the prevailing circumstances, Kenya risked ‘facing dire consequences’ if the application was allowed because the applicants were not recognised by world football governing body, Fifa.
“In view of the history of this matter and what we have observed s relates to the prevailing circumstances and the dire consequences of allowing this application, we are satisfied that this is not a proper case in which we can grant the reliefs sought,” the judges ruled.
“Even if the applicants have an arguable appeal, they have not satisfied us that the success of the intended appeal will be rendered nugatory,” the judges added.
They held that as much as Nyamweya, his assistants Twaha Mubarak and Peter Ochiel were recognised by the registrar of societies, they have not been overseeing football in country for over year now.
The three former officials had wanted the Court of appeal to set aside a ruling made by Justice Hatari Waweru in June (in which the High court ruled in favour of current chair, Mohammed Hatimy), pending hearing of a formal appeal against the ruling.
Mr Nyamweya earlier suffered another blow after the court declined to freeze the federation’s bank accounts following an application for preservation of the accounts until the controversy is solved.
His lawyer, Fredrick Ashimotsi, had sought the orders arguing that ‘there was looming danger that Hatimy and his group would withdraw money from the federation’s accounts’.
This ruling came even as Kenya’s hopes of qualifying for the world cup were much elevated by brilliant performance by Harambee stars and may just put an end to long pitching KFF leadership wrangles.
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