NAIROBI, Kenya, March 21 – A move by Football Kenya Federation (FKF) seeking to have a case by former FKF president Sam Nyamweya challenging club licensing rules has been dismissed.
High Court judge John Mativo has thrown out a preliminary objection filed by FKF and Sports Dispute Tribunal questioning Nyamweya’s basis to lodge the case.
Justice Mativo declined to dismiss the case saying the right to a fair hearing is guaranteed under the Constitution.
“The right to access court for purposes of ventilating a grievance cannot be gainsaid. It is therefore wrong to say that the petitioner has no basis to come to court,” he ruled.
FKF chairman Nick Mwendwa had urged the court not to entertain the case arguing that it does not disclose any violation of Constitutional rights.
Mwendwa told the court that it is not sufficient for the former FKF president to make unfounded allegations.
The FKF chairman further contended Nyamweya has no locus to lodge the complainant because it touches on an agreement which he is not a party to.
Nyamweya had sought an order blocking FKF and their officials from discussing or interfering with ownership and management of Kenyan Premier League (KPL).
Sports Dispute Tribunal, FKF president Nick Mwendwa, CEO Robert Muthomi and KPL were named as respondents.
He accused Mwendwa and Muthomi of making unilateral decisions to the detriment of football in the country.
According to the petitioner, the regulations complained of were adopted without input and participation from members and football stakeholders.
FKF, he said, also ignored lawful orders given by Sports Dispute Tribunal on October 14, 2016 and went ahead to approve club licensing regulations ,which bordered on expansion of the league.
He wants the court to intervene and prevent any deadlocks, which might lead to sanctioning of Kenya by FIFA.