- The Kenya Premier League and Chemelil case on the decision to end the league prematurely have taken a twist as reports claim that Football Kenya Federation (FKF) has filed a preliminary objection at the Sports Disputes Tribunal (SDT) against them.
Following the direction issued by SDT chair John Ohaga to the petitioners to file their replying affidavit to the objection by Friday, FKF will then file their written submissions by June 5.
The Tribunal has in the meantime extended the stay order setting aside FKF’s decision to end the season and declare Gor champions until the ruling is made. The petitioners are then expected to reply to the FKF by June 10 ahead of the hearing of the preliminary objection on June 12.
Through Litoro and Omwebu Advocates Company, Mwendwa and FKF’s CEO Barry Otieno said the agreement prohibits parties from referring any dispute under the deal to a court of law or any other jurisdiction not recognized by the international body FIFA.
“This petition contravenes the express provision of clause 10.1 of the agreement between FKF and KPL dated September 24, 2015, which stipulates that any dispute under the agreement shall, as a matter of course, be subjected to bona fide negotiations at the first instance,” reads part of the documents filed at the tribunal.
It is understood that the tribunal had on January 10, 2017 issued a permanent injunction restraining FKF from interfering with KPL’s rights to manage the league during the currency of the 2015 agreement.
After several attempts to hold the FKF election failed, it is clear that FKF’s National Executive Council and Mwendwa’s term of office ended on February 10. Therefore, on the application, KPL and Chemelil Sugar Football Club claimed FKF had no veto powers to cancel the league or declare Gor Mahia the champions as they were in the office illegally.
The league governing body KPL, who suspended the league due to the Covid-19 pandemic, wants the tribunal to quash FKF’s decision and to stop Mwendwa from frustrating its efforts and exclusive powers to manage the league.