The Sports Disputes Tribunal in Nairobi has ruled in favour of former Gor Mahia player Sydney Wahongo in a contractual dispute involving salary arrears and unlawful termination, awarding the player a total of KES 2.8 million.
Background of the Dispute
The case arose from an employment relationship between Wahongo and Gor Mahia, governed by a contract running from 1 August 2024 to 31 July 2026, with a monthly salary of KES 100,000.
The club terminated the player’s contract on 7 February 2025, prompting Wahongo to file a claim seeking unpaid wages, compensation, and a declaration that the termination was unlawful.
Tribunal Findings on Salary Arrears
The Tribunal found that Wahongo had provided evidence showing salary arrears amounting to approximately KES 1,000,000, which the club did not successfully rebut.
Relying on FIFA Regulations on the Status and Transfer of Players (RSTP), particularly provisions on overdue payables, the Tribunal held that failure to pay salaries constitutes a fundamental breach of contract.
Termination Ruled Unlawful
On the issue of termination, the Tribunal determined that Gor Mahia did not establish “just cause” as required under FIFA regulations.
The ruling noted that:
- No evidence of misconduct was presented
- No disciplinary process was followed
- Termination was not a measure of last resort
The Tribunal also rejected the club’s reliance on sporting or performance-based reasons, stating that such grounds are not available to clubs under the RSTP framework.
Additionally, the Tribunal observed that the club was already in breach due to unpaid salaries at the time of termination, weakening its legal position.
Force Majeure Argument Dismissed
Gor Mahia had cited the COVID-19 pandemic as a force majeure event.
However, the Tribunal held that:
- The contract was signed after the pandemic had begun
- The club had continued partial performance
- No evidence of impossibility of fulfilling contractual obligations was presented
As a result, the force majeure defence was rejected.
Compensation Awarded
In assessing compensation, the Tribunal applied FIFA RSTP principles, using the residual value of the contract as the primary basis.
- With 18 months remaining on the contract:
- KES 1,800,000 was awarded as compensation
- This was in addition to:
- KES 1,000,000 in salary arrears
Counterclaim Dismissed
The Tribunal dismissed Gor Mahia’s counterclaim, citing lack of supporting evidence and failure to prove both the existence and value of the alleged claim.
Final Orders
The Tribunal ordered:
- Payment of KES 1,000,000 in salary arrears
- Payment of KES 1,800,000 in compensation
- A declaration that the termination was unlawful
- Dismissal of the club’s counterclaim
- Costs awarded to the player
Implications of the Ruling
The decision reinforces key principles in football employment disputes:
- Timely payment of salaries is a core contractual obligation
- Clubs must meet strict legal thresholds before terminating player contracts
- Financial or external challenges do not automatically justify non-performance
The ruling adds to a growing body of decisions aligning Kenyan football dispute resolution with international FIFA and CAS jurisprudence.
