High court has lifted a 10-year ban against former FKF president Sam Nyamwea imposed by the football body stopping him from participating football relating activities.
High court judge Justice Chacha Mwita ruled so after the new FKF chairman Nick Mwendwa failed to file his response in the suit filed by Nyamwea.
“Mwendwa has not responded to the suit despite being ordered by the court to do so in seven days,” said Justice Mwita.
Mwendwa had been given seven days to file a response in a petition in which the former FKF boss had moved to court to challenge the 10-year ban imposed by the football body.
When the parties appeared before Justice Mwita, the Court was told that FKF had not filed their submissions as ordered hence directed Mwendwa to file his reply within 7 days which by yesterday he had not filed.
In the petition, Nyamwea alleged that he was not summoned or given any hearing by FKF hence the decision to suspend him was in bad faith.
Nyamwea added that he was being targeted for filing a case against Nick Mwendwa among others which is still pending court.
He further says that the decision by the federation’s new boss Nick Mwendwa to ban him is unreasonable and irrational.
Nyamwea argued that the ban has disgraced his character and legacy as a respected and retired football administrator both locally and international.
The former FKF boss wanted the court to issue conservatory orders staying the decision by the federation’s National Executive Committee pending hearing and determination of the case.
Last month Nyamweya won the first round after the court dismissed an application by Mwendwa to have the case filed by Nyamweya thrown out without full hearing.
High court judge Justice John Mativo ruled that Mwendwa’s application seeking to have the petition struck out lacked merit adding that it was not based on a pure point of law to warrant its dismissal.
Nyamweya had moved to court seeking orders to suspend club licensing rules and blocking FKF and their officials from discussing or interfering with ownership and management of Kenya Premier League.
In the suit he had sued the Sports Dispute Tribunal, FKF president, Nick Mwendwa, CEO Robert Muthomi and KPL.
He said that the two had made unilateral decisions to the detriment of football in the country.
The matter will be heard on July 30 2017.
