Blow to Sofapaka, Muhoroni as court throws out petition

Sofapaka and Muhoroni Youth football clubs suffered a major blow in their bid to remain in the top flight after a Kisumu Court yesterday allowed the Kenyan Premier League to release the 2017 fixtures.

A high court, in a ruling on February 14, upheld KPL’s initial fixtures which had 16 clubs (including Muhoroni Youth and Sofapaka) and the Sports Disputes Tribunal’s directive that KPL and Football Kenya Federation publish fixtures for the season immediately.

Yesterday, the same court annulled an order indicating that the two clubs be included in the 2017 league fixtures.

The matter was mentioned before Lady Justice Trispsisa Cherere where fans Emanuel Obiero Ochieng’, Sperus Gor Oketch and Sadat Abdalla Khamisi were the petitioners against Kenyan Premier League Limited, Football Kenya Federation and the Sports Disputes Tribunal.

KPL’s lawyer Maxwell Ogonda had argued that the parties being listed as the respondents were not his clients and therefore the petitioners were suing the wrong people.

“My client is Kenyan Premier League and not Kenya Premier League as indicated in the suit,” said Ogonda.

The FKF lawyer also raised a similar issue arguing that he represented the Football Kenya Federation and not the Football Federation of Kenya as indicated and therefore the suit cannot be enforced on his client.

The court adjourned for two hours before Lady Justice Cherere delivered the ruling at midday indicating that the description of parties should not render the suit invalid.

“I find that the wrong description is not fatal to this petition and the petitioners are at liberty in such manner as may be necessary. Pending the amendment however, this court hereby vacates the interim conservatory order issued on February 15 since it is incapable of being enforced,” said Lady Justice Cherere.

The petitioner’s lawyer, Wafula Simiyu, conceded and said he will be filing another application within 28 hours.