Blow to KPL as High Court declines to lift order on league

Gor Mahia Chairman Ambrose Rachier, second left, and other branch Chairmen consult during FKF-KPL Meeting at Southern Sun Hotel on Wednesday, February 18th, 2015. PHOTO/JONAH ONYANGO.

Kenya Premier League Ltd (KPL Ltd) matches will not take place after the High Court declined to lift orders halting the games.

KPL Ltd yesterday moved to court seeking to have the orders barring it from running or managing the Kenya Premier League lifted without success.

The organisation through their lawyer Ben Akech submitted that the order by the court to suspend the company from running the competition for 14 days would adversely affect players, coaches and thousands of football fans.

“Unless the orders granted herein are set aside, more than 500 football players, coaches and thousands of football fans following the premier league irreparable harm and damage would be occasioned on them,” submitted Akech.

Football Kenya Federation (FKF) had moved to court through Chairman Sam Nyamweya and obtained orders restraining the company from hosting or managing a parallel premier league.

“That the respondents be and are hereby restrained by way of an injunction from hosting, commencing, starting, running, managing or any other way conducting a parallel premier league in Kenya in the name of Kenya Premier League or in any other name for 14 days from February 20,” the order by Justice Mbogholi Msagha read in part.

However, the company argues that the orders were granted on the basis of material non-disclosure and misrepresentation.

The football company added that FKF did not disclose to court the existence of regulation 68 of the FIFA statute which prohibits recourse to courts in dispute involving its members.

“FKF did not disclose to the court that that the dispute that it had filed in court had previously been referred to by the body in charge of running the game of association football worldwide FIFA,” submitted Akech.

The chairman of the company Ambrose Rachier in sworn court documents argues that the court lacks the jurisdiction to hear and determine the dispute.

“Evidently, the threat of sanctions and disciplinary measures taken by the world governing body FIFA can therefore only be as a consequence of FKF breaching the express provisions of the FIFA statute, the CAF statute and its own constitution,” submitted Rachier.

The chairman added that section 55 of the Sports Act establishes the Sports Disputes Tribunal which has the original jurisdiction to determine the dispute instead of the matter being taken to court.