- High court has declared that the Football Kenya Federation and Kenya Premier League (FKF-KPL) agreement is valid.
While delivering the ruling, Justice John Mativo also declared that the unilateral postseason relegation/promotion and addition of clubs by the current FKF boss Nick Mwendwa and Robert Muthomi who have been sued as representatives of FKF violated the sporting principle of merit and is therefore null and void.
The court also issued a permanent injunction restraining the two from interfering with the KPL right to manage and own it during the period of the said agreement.
The court also issued a permanent injunction restraining the two from interfering with the KPL right to manage and own it during the period of the said agreement.
Justice Mativo also directed both FKF and KPL to fully respect and implement the FKF-KPL agreement during the period 2017-2020.
The judge also declared that the introduction and adoption of FKF licencing regulations at the FKF AGM was irregular and therefore null and void in all purposes.
In the petition filed by former FKF boss Sam Nyamweya accuses Mwendwa and Muthomi of passing club licencing regulations without the participation of members and stakeholders in breach of the principles of natural justice violating the FIFA and confederation of Africa Football (CAF) club licencing guidelines.
He stated that FKF and KPL mutually agreed on a 16 team league beginning 2006/2007 season in line with the recommendations of FIFA.
Nyamweya further stated that FKF and KPL agreed on a memorandum of understanding which was approved by FIFA which recommended that the top tier KPL should maintain the size of 16 teams.
He said that contrary to the agreement, Mwendwa and Muthomi unilaterally expanded the Kenya League to 18 teams starting 2017, which may lead to wrangles and make Kenya to be banned from international football by FIFA contrary public interest.
