Court lifts Sam Nyamweya’s 10-year ban from football activity

Sam Nyamweya

Court has lifted a 10-year ban imposed by the football body against former FKF President Sam Nyamweya that had stopped him from participating in football related activities.

High Court Judge Mwita Tata Tuesday issued the directive after Football Kenya Federation (FKF) Chairman Nick Mwendwa failed to file response in the suit filed by Nyamweya pending the hearing and determination of the suit.

"Mwendwa has not responded to the suit despite being ordered by the court to do so in seven days," said Judge Mwita.

Recently, Mwendwa had been given seven days to file a response in a petition in which Nyamweya had moved to court to challenge a 10-year ban imposed by the football body.

When the parties appeared before Mwita, the Court was told that FKF had not filed their submissions as ordered by the Court. Mwita directed Nick Mwendwa to file his reply within 7 days which by Tuesday he had not filed.

In the petition, Nyamweya claims that the decision by the federation's new boss Nick Mwendwa to ban him on March 28 this year is unreasonable and irrational. He says that he was not summoned or given any hearing by FKF and that the decision to suspend him was in bad faith claiming that he was being targeted.

"I was being targeted for having exercised my constitutional rights and filed a case against Nick Mwendwa among others which is pending court, "Nyamweya says in his court papers.

He further argued that the ban has brought his character and legacy as a respected and retired football administrator locally and international into disrepute. Nyamwea wants the court to issue conservatory orders staying the decision by the federation's National Executive Committee pending hearing and determination of the case.

He argues that he has not been held culpable for any allegations by the respondents. Mwendwa and Robert Muthomi have been named as respondents in the case and have been sued as representatives of FKF.

Last month Nyamweya won round one of a Kenya Premier league dispute after the High court dismissed a preliminary objection by Mwendwa and Muthomi to have a case filed by Nyamweya thrown out without full hearing.

Judge John Mativo ruled that the objection by Mwendwa 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 says the two have made unilateral decisions to the detriment of football in the country.

Nick Mwendwa and Robert Muthomi on behalf of FKF and KPL had raised an objection towards hearing the matter on the basis that Nyamweya's case does not disclose violation of constitutional rights.

The judge added that the agreement in dispute was entered between two legal persons and that when dispute arose, the same was heard by the sports tribunal and a determination made.

FKF, he said, also ignored lawful orders given by Sports Dispute Tribunal on October 14, 2016 and went ahead to approve club licensing regulations ,which bordered on expansion of the league.

He now wants the courts to intervene and prevent any deadlocks, which might lead to sanctioning of Kenya.Nyamweya was apprehensive that the country might miss out on hosting the 2018 African Nations Championship to the detriment of millions of fans if sanity is not restored.

FKF is a member association of Fifa and is in charge of organizing the second tier football league (national super league) as well as other leagues below national league.

The matter will be heard on July 30.