FKF AGM remains suspended, High Court rules

The High Court has confirmed its order suspending the intended Football Kenya Federation (FKF) Annual General Meeting (AGM).

Justice Olga Sewe, sitting in Mombasa suspended the FKF AGM after allowing an application by sports journalist Milton Nyakundi which she said was merited.

“I am satisfied that the application is merited and is allowed,” ruled Justice Sewe who suspended the AGM pending hearing and determination of a substantive application filed by FKF National Executive Committee (NEC) member Gabriel Mghendi.

Mghendi is challenging directions and orders of the Sports Dispute Tribunal (SDT) issued in relation to an application for alleged contempt.

Justice Sewe also ruled that the court has jurisdiction to hear and determine the case noting that Nyakundi has been sued by Mghendi and cannot be said to be a ‘busybody’.

Through Senior Counsel Erick Mutua, FKF made an application to be granted leave (permission) to appeal against the suspension of the AGM.

Justice Sewe allowed the application and granted FKF the permission to lodge their appeal at the Court of Appeal to challenge the ruling.

Prior to Thursday’s ruling, the court had temporarily suspended the AGM which was to be held on March 16 pending hearing and determination of Nyakundi’s application.

The AGM, which was supposed to have been held on March 16 was expected to clear the way for FKF elections. 

Delegates were scheduled to attend the meeting and ratify the controversial 2020 FKF Electoral Code and the Electoral Board. 

Nyakundi had argued in his application that SDT issued a decision in July last year that found FKF NEC members had been duly removed from office thus they lacked capacity to transact business as officials of the federation.

According to Nyakundi, the decision of the SDT was never appealed neither was it suspended or set aside thus it is in force.

“It is illegal for individuals whose capacity to act as officials of FKF is the subject of the court proceedings, including in this case, to purport to convene and AGM,” said Nyakundi.

Nyakundi argued that the capacity of the conveners of the AGM of any organisation must never be in question because that renders the outcome of the meeting illegal, null and void.

Mghendi and FKF had opposed Nyakundi’s application arguing that it had no nexus to the case in court and does not seek its (FKF) capacity to call the meeting.

FKF argued that the application by Nyakundi was an abuse of the court process and that since there was a special tribunal under the Sports Act, the court had no jurisdiction to hear the case.

The case has been fixed for mention on April 24.

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