KPL MATCHES BACK: High Court sets aside orders obtained by FKF barring league body from organising matches

FKF/KPL COURT
FKF vice-chairman Robert Asembo addressing the media shortly after attending court case involving KPL vs FKF. The High Court has extended the injunction against Kenyan Premier League to March 13. Both Parties have until Monday to submit their applications to the court. photo/ FIDELIS KABUNYI

Football league matches organised by Kenyan Premier League Limited can now proceed as earlier scheduled following a High Court ruling.

The High Court yesterday set aside orders that had been issued barring KPL from organising and managing the Premier League following a suit filed by Football Kenya Federation (FKF), accusing KPL of running a parallel league.

In her ruling, Justice Roselyne Aburili held that FKF had no capacity to bring proceedings against KPL which it had gone ahead and obtained orders to bar from managing the league.

“The interim order obtained by FKF on March 20, were unlawful and  the same are set aside,” she ruled.

KPL had filed an objection to the suit and had asked the court to strike out the suit filed by FKF, arguing that the world football governing body, Fifa, had a clear mechanism of resolving disputes, but the judge declined to terminate the case.

The judge said the suit would proceed, noting that the federation officials had amended the petition to make it sustainable in law and added that they were at liberty to seek interim orders against KPL.

The judge also declined to order FKF to deposit money in court as security for costs, as sought by KPL, arguing that it is upon the court to decide which party should pay costs upon hearing and determination of the suit.

Last week on Friday, KPL directors escaped jail over contempt accusations after the court found that they were not properly served with the order requiring them not conduct league matches.

Aburili observed in her ruling that the court process server did not in his affidavit of service provide details on how he served the directors.

The High Court has also allowed former National Vice Chairman Sammy Shollei and former Nairobi branch Chairman Dan Shikanda, who have been barred from handling football matters for six years, to be enjoined in the suit as interested parties.

Aburili allowed the application by the duo, saying it was for the interest of justice for both the fans and players whom Shollei and Shikanda claimed to represent that they be part of the proceedings.

The judge, however, said that Shollei and Shikanda would not take part in the proceedings as FKF officials as they had been suspended in 2014, but noted that they had indicated that their interest was about the fans and players who have not been mentioned in the documents filed by the two warring factions.

“The duo have demonstrated that they have identifiable stake and expertise in the football management. They will represent young players, fans and football lovers as indicated in the application that had sought their inclusion in the suit,” the judge said.

During the hearing of the application to be enjoined in the suit, FKF argued that Shikanda and Shollei were banned from participating in football affairs in the country for a period of six years and they should not be allowed to take part in the suit.

“The application by Shollei and Shikanda does not merit as they have been barred from handling football matters and if allowed to be part of the suit will not help solve the dispute,” argued the federation’s lawyer Eric Mutua. Mutua added that allowing them to participate in the court proceedings would be a violation of the ban and decision made by the court.

Mutua added the two had been aggrieved by the ban and that is why they were seeking to be enjoined in the suit in order to throw their weight behind KPL and asked the court to throw out their application.