High Court rules 18-team Kenyan Premier League null and void

[PHOTO: COURTESY]

The Kenyan Premier League has been thrown into a legal quagmire after the High Court ruling declared the 18-team top tier competition as currently constituted is illegal.

In a verdict delivered by Justice John Mativo at Milimani High Court, the judge restrained Football Kenya Federation from interfering with the running of the league, also terming as null and void the Fifa/Caf club licensing requirements adopted by the federation as null and void.

The court overruled the initial judgement by the Sports Disputes Tribunal (SDT) that allowed an 18-team set-up following an impasse on league expansion early in the year.

Mativo further ordered the Nick Mwendwa-led federation to respect a mutually agreed 16-team league contract signed by petitioner Sam Nyamweya (former FKF Chairman) and KPL for the period between 2017 and 2020.

"A declaration be and is hereby issued that the Kenyan Premier League shall have a maximum of 16 teams during the 2017 season, consisting of the fourteen (14) Kenyan Premier League teams which qualified for sporting merit on the field during the 2016 season plus the two (2) highest ranked clubs at the end of the 2016 season in the Football Kenya Federation's National Super League," read part of the ruling.

"A declaration be and is hereby issued that the unilateral post-season relegation/promotion and addition of clubs by second respondent violated the agreement and also the sporting principle of merit and is therefore null and void.

"A declaration be and hereby issued that the introduction and adaptation of the FKF Licensing Regulations at the Football Kenya Federation AGM was irregular and therefore null and void for all purposes."

But from FKF President Nick Mwendwa's response, Kenyan football could be headed for another impasse as the implications of the ruling that will affect the league that is mid-way the second half.

The federation has vowed to file an appeal with Mwendwa questioning the timing of the judgment. He argues that Zoo Kericho and Nakumatt, who were the beneficiaries of the expanded league, have honoured all their 25 league matches so far.

"This court's decision is inconsequential and it has been overtaken by events. I am forecasting a league being halted for a very long period. As a federation, we are going to appeal and if Nakumatt and Zoo are removed from the league, be rest assured that the league will not continue," a bitter Mwendwa told The Standard Sports.

When contacted, KPL CEO Jack Oguda said they will consult their lawyers before issuing a comprehensive statement aftera governing council meeting Friday.

"We will have a legal reservation on the judgement until we consult our legal team. There will definitely be some implications, but we will have to respect the rule of law," said Oguda.

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