Gor Mahia and AFC Leopards players during a past Mashemeji Derby. The two clubs stand a chance to play in next year’s Champions League and Confederations Cup tournaments. PHOTO/Raymond Makhaya
NAIROBI, Kenya, Sep 25 – Kenyan teams might not participate in next year’s CAF Champions League and Confederations Cup if the Court of Appeal upholds a decision by High Court Judge John Mativo suspending the implementation of CAF Club licensing rules, FKF boss Nick Mwendwa says.
The Federation on Monday moved to the Appeal Court seeking to overturn the decision which not only suspended club licensing enforcement but also ruled that the top tier league should be composed of 16 and not 18 teams as previously.
“CAF has been serious and they have told me they will not admit any club if we have suspended our club licensing rules. We have appealed the decision at the Appeals Court and we wait to see what they rule then after that we will see what next course of action to take,” Mwendwa said on Monday.
Winners of the Kenyan Premier League get a ticket to represent the country in the Champions League while those of the GOtv Shield qualify for the Confederations Cup.
Tusker FC and Ulinzi Stars who represented the country in the two respective tournaments this year worked round the clock to ensure they all complied to the strict club licensing regulations.
Former FKF boss Sam Nyamweya had taken the Federation, Kenyan Premier League and the Sports Disputes Tribunal to court over the decision to expand the league to an 18-team format as well as the implementation of club licensing rules with the court ruling in his favor.
Consequently, KPL have already effected the court ruling by suspending Nakumatt and Zoo Kericho’s participation in the league with the two teams having been promoted after the Federation’s decision to expand the league.
The league managers have already adjusted the league standings excluding the two clubs.
“We have appealed this matter because both teams have players and stakeholders. They have nine matches remaining in the season and hence, it is difficult to implement this without serious ramifications.”
“What happens to the players? Will they not play football anymore? Where will they go because the NSL is also almost done?” Mwendwa posed.
FKF boss Nick Mwendwa addresses the press during a media briefing on September 25, 2017. PHOTO/Raymond Makhaya
Mwendwa has also hinted they might take unspecified action on Nyamweya for contravening FIFA rules by taking football matters to court, an act that is against Articles 66-68 of the FIFA statutes of 2012.
According to the FIFA statutes; “Recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations. Recourse to ordinary courts of law for all types of provisional measures is also prohibited.
The associations shall insert a clause in their statutes or regulations, stipulating that it is prohibited to take disputes in the association or disputes affecting leeagues, members of leagues, clubs, members of clubs, players, officials and other association officials to ordinary courts of law, unless the FIFA regulations or binding legal provisions specifically provide for or stipulate.
Instead of recourse to ordinary courts of law, provision shall be made for arbitration. Such disputes shall be taken to an independent and duly constituted arbitration tribunal recognized under the rules of the Association or Confederation or to CAS (Court of Arbitration for Sports).”
Mwendwa is meanwhile hopeful that the Appeals Court will make a favorable judgment and on time, saying that the High Court might have made a decision without understanding the dynamics of football.
“We have certified this matter as urgent because we want it disposed with as soon as possible. As a Federation we have our own internal mechanisms in terms of judicial processes and the former president should have followed that. We even have the Sports Tribunal,” the federation boss further stated.
Meanwhile, both Nakumatt and Zoo Kericho have been enjoined in the case at the Appeals Court and officials of both clubs are confident that a favorable decision will be reached.
