NAIROBI, May 16 –The contention over the governing of football in the country took on a different twist on Friday when the High Court issued orders stopping the Fifa backed Kenya Football Federation (KFF) faction from holding an Annual General Meeting.
Chairman Mohammed Hatimy, his deputy Titus Kasuve, secretary general Sammy Obingo and Sammy Odundo will thus not have the AGM that was set for Saturday.
This followed a ruling by Justice Hatari Waweru that chairman Sam Nyamweya, vice chair, Twaha Mbarak and Secretary General, Peter Ochiel were the bona fide officials of the troubled federation.
In his ruling, Justice Waweru said that football in Kenya is an important sport and it cannot be gain-said that that the affairs of the football governing body can be run by strangers.
He observed that the Hatimy led faction had wrongly and illegally constituted themselves as bona fide officials of KFF.
Justice Waweru ruled: “The material before the court at the interlocutory stage establishes, prima facie that the plaintiffs, and not the defendants, are not the bona fide officials of KFF.”
The judge also ruled that allowing Hatimy and his group to lead the federation could cause ‘irreparable damage’.
He carried on to say that KFF was a society without the legal capacity to sue or be sued and therefore he plaintiffs had brought the case on behalf and for the benefit of the football body.
Wawer added that following the orders issued by the court, the defendants ought to make appropriate undertakings as to damages and the costs of the suit to be in cause.
KFF lawyers had opposed the application terming it incompetent and further argued that the court had no jurisdiction to arbitrate the case.
Their reply read: “There is no proper suit before the court upon which the application is founded.”
Nyamweya’s faction has scheduled an Annual General Meeting on May 24.
This is the latest chapter in the battle to wrest control of the office between the two factions with both groups having moved to court.