Bandari FC to pay six players Sh8 million over breach of contract
National
By
Kamau Muthoni
| Jun 06, 2024
Mombasa based football club Bandari has landed in trouble for unfairly firing six players.
Bandari will pay Douglas Mokaya, Faraj Ominde, Zakayo Keegan, Felix Oluoch, Johana Mwita, and Christopher Ochieng' at least Sh8 million for unfair termination.
It also faces a freeze of hiring players for two consecutive registrations after Kenya Federation of Football (FKF) was directed by Sports Disputes Tribunal (SDT) to take action against Bandari.
The tribunal headed by senior lawyer John Ohaga ordered Bandari to pay Mokaya Sh1.16 million while Ominde will get Sh1.7 million.
Kageen, Oluoch, Mwita and Ochieng' will get Sh1.3 million, Sh1.5 million and Sh1.4 million respectively.
In its verdict, SDT found that Bandari failed to give reasons why it sacked the six players. Bandari claimed that it decided to fire the six over alleged poor performance.
However, Ohaga found that there was no evidence to back the claim as it had not produced a report from a technical committee which it alleged was the basis of the sacking.
"From the letter of termination of the employment contract, the respondent failed to give reasons for the termination. The letter merely stated that the respondent was terminating the contract pursuant to lause 14.2 of the contract," ruled SDT.
The tribunal observed that the law is clear on how a player maybe sacked from a football club.
On poor performance, it noted that the technical bench shall issue an oral warning of the same at first instance and use its internal means to help the player improve through counselling, instructions, and guidance.
Then, the executive committee ought to be furnished with a report on the discussions and plans to have the player improve.
According to the tribunal, it is only when a player does not pull his socks within a period of three months that the club can kick him or her out. This is in addition to misconduct.
A player can also be loaned to another club on continued poor performance.
According to the tribunal, none of the players were taken through the process nor were they involved in preparation of the report that Bandari was clinging on as the basis of its decision to fire them.
"Indeed, the respondent's witness made reference to a technical committee report which was the basis of the termination. The report was not made available to the panel nor was the player involved in any way in the preparation of the report in the sense of being interviewed or being made aware that his performance was being reviewed," SDT observed.
In the case, Mokaya was the star witness. He told the court that the football club hired him on August 1, 2022 for a period of three years on the pitch.
However, his lawyer Boniface Oduor told the court that he was unceremoniously fired after 11 months and one day.
"The applicant implores this honourable court to intervene on his behalf and prevent the respondent and like minded employers from elevating commercial interests and other interests above the rights of employees and to further prevent employers from exploiting young promising players consequently stifling their career growth," argued Oduor.
But Bandari opposed the cases on grounds that they lacked merit.
The club stated that it was no under duty to employ the players for the entire duration of the contract as that would be an infringement on its right to associate and dissociate as and when necessary.