SDT ruling throws spanner in the works for fledgling FKF leagues

The decision by the Sports Dispute Tribunal to declare the National Executive Committee of the Football Kenya Federation  illegal means Kenya could be headed for another stalemate in the management of football.

Ongoing football leagues are also likely to be put off.

According to FKF’s rules and regulations, the absence of the NEC means no league can take place.

FKF’s NEC is the body which sets the opening and closing dates of the competitions, and has power to extend or suspend the local football season.

“The FKF National Executive Committee shall annually set the opening and closing dates of all FKF Leagues and/or competitions,” says clause 2.3.1 under the playing season on chapter 4 of the rules and regulations of FKF.

“The FKF National Executive Committee has the power to suspend or extend the season as it shall deem fit,” says clause 2.3.3 under the same chapter.

FKF on Wednesday said league matches scheduled for this weekend will continue as earlier planned despite the ruling.

Otieno said FKF had not received the SDT ruling physically and this weekend’s fixtures still stand. He promised to issue further direction after receiving the full ruling.

“In absence of written decision by the tribunal, the federation remains guided by article 3.1.2 of the FKF Rules and Regulations Governing Kenyan football 2019 which stated that clubs shall be notified of fixtures or kick off time changes, in writing at least 72 hours to the match. Therefore, all fixtures/matches will proceed as earlier scheduled,” Otieno said in a statement.

In his ruling made on Tuesday regarding the fate of last season’s leagues, Ohaga said NEC was illegally reinstated by Sports CS Ababu Namwamba, meaning that the ongoing league itself is illegal since its kick off date was set by the same body. 

Without NEC and a body managing football, the leagues can’t go on since there is a vacuum on who is in charge of football in the country.

Sports lawyer Japheth Munyendo, who also represented the federation at the SDT in the case, said the ruling has complicated matters for the management of football in the country.

This is despite some relief which had come after Fifa lifted Kenya suspension on international football two weeks ago.

Munyendo said they were still waiting for the full ruling by Ohaga but conceded that it would be difficult for the league to go on without NEC based on a lot of technicalities which has now risen from the SDT ruling.

“The league and competition committee can oversee the league but it also has a NEC member who has to withdraw. In the SDT 2021 case between Migori Youth and Transition Committee, SDT ruled that standing committees and other judicial bodies appointed in November 2020 by NEC and ratified by the General Assembly were not removed by the gazette notice disbanding the NEC,” said Munyendo in an interview with Nation Sport.

“However the big issue is that committees like that of referees which is in charge of overseeing matches have to be headed by a NEC member according to the FKF Constitution. Without this, the league can’t continue,” he added.