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The Nairobian

Asike, Sofapaka take contract battle to KPL

Football

By Gilbert Wandera | Feb 15, 2015

Sofapaka's Eugene Asiko dribbles the bals Geoffrey Walusimbi of Gor Mahia vies for the ball during KPL match at Kenyatta stadium, in machakos on 26-10-2014.PHOTO/DENNIS OKEYO

Defender Eugene Asike and Sofapaka both appeared before the Kenyan Premier League (KPL) disciplinary and complaints committee on Friday to give their submissions as the player seeks to terminate his contract over alleged breach.

In a case likely to set a precedence, Asike is seeking to be released from the remainder of the duration of his contract after the club allegedly failed to pay him for three months.

Asike is represented by Wambilianga, Majani Advocates who in their submission argue that Sofapaka failed to pay the player his salary for March, November and December last year amounting to Sh210,000.

They further claim the KPL side also failed to pay Asike’s Sh450,000 sign on fee as agreed before he joined Sofapaka from KCB.
“Further in flagrant violation of trust and also in violation of the provisions of section 316 A (a) of the penal code, Sofapaka knowingly issued the player with a bad cheque on July 5, 2014 for payment of his dues,” Asike argued through his lawyers.

They also claim numerous verbal complaints sent to the club through chairman Elly Kalekwa were either dismissed or ignored.

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“This prompted Asike to terminate his contract on January 5, 2015 with just cause under Article 14 of the Fifa regulations on the Statutes and Transfer of players.”

But in their written defence to the committee Sofapaka while admitting they did not pay the player for some months, argue his reasons for wanting to terminate the contract do not fall under just cause for which Asike cites in asking to leave.

“To this extent, we submit that the outstanding payments if at all must have been in arrears for a long time which has not happened. Furthermore, while the player revealed that he was not paid for the month of March, he failed to disclose the fact that this was later done but he refused to receive it,” Sofapaka argue in their submissions.

Sofapaka argue while they did not pay Asike’s salary for two months last year due to challenges with their sponsors, this did not go to the third month and therefore does not fall under Article 14 of the Fifa statutes.