The Football Kenya Federation (FKF) has obtained orders from the High Court at Milimani Law Courts suspending the implementation of a ruling by the Sports Disputes Tribunal (SDT) concerning the abandoned match between Gor Mahia FC and Nairobi United FC.
The High Court granted FKF leave and stay orders, effectively halting the enforcement of the tribunal’s decision until the case is fully heard and determined.
Background of the Dispute
The SDT had earlier quashed a decision by FKF to award both teams one point each following the abandonment of their league match. The tribunal also made a far-reaching ruling declaring FKF’s Disciplinary Committee and Appeals Committee illegal, a decision that raised serious governance concerns within Kenyan football.
Following that ruling, FKF moved to the High Court seeking judicial review orders to challenge the tribunal’s decision. The court has now temporarily suspended the SDT ruling, meaning the federation’s disciplinary structures and earlier decision on the match remain in place for now.
What the Stay Orders Mean
The High Court’s orders mean:
- The SDT ruling cannot be implemented immediately.
- FKF’s decision awarding one point each to Gor Mahia and Nairobi United remains temporarily valid.
- The question over the legality of FKF’s disciplinary bodies will be determined during the full court hearing.
The development adds another layer to the legal wrangles surrounding the league fixture involving the record Kenyan champions, Gor Mahia.
Similar Legal Precedent
A similar court intervention occurred earlier in the season, when Soy United FC moved to court to challenge an SDT directive ordering a replay between Nakuru Bucks FC and Gucha Stars FC.
However, that case was eventually dismissed, allowing the tribunal’s directive to stand.
Wider Implications
The current High Court stay introduces fresh uncertainty regarding the governance and dispute-resolution structure within FKF. If the court ultimately overturns the SDT ruling, FKF’s disciplinary bodies will remain intact. However, if the tribunal decision is upheld, it could force significant structural changes within the federation.
For now, the football fraternity will await the final determination of the case, which could set an important legal precedent for how football disputes are handled in Kenya.
