Published on August 1, 2024 by Kariuki Mwangi
Last Updated on 2 years by Kariuki Mwangi
Football Kenya Federation delegates in a meeting ahead of the postponed AGM in March
The High Court sitting in Nairobi has issued orders suspending an ex-parte order against Football Kenya Federation that had been issued baring the federation from holding Annual General Meeting (AGM).
In an application that was filed by FKF and certified as urgent on 31st July, the federation sought to have the Ex-Parte orders set side as the said orders were obtained through non-disclosure of material facts and other court orders.
The court in issuing the suspension orders noted that the applicant in the petition, Milton Nyakundi had not disclosed before the court, a past orders issued by Justice Ngaa J on 14th July, 2023 declaring that the current FKF officials are the duly elected FKF officials duly recognized and allowed to transact business for and on behalf of FKF.
The court was further told that the Justice Ngaa orders had not been lifted or appealed and the exparte order issued on 30/7/2024 by High Court judge Lady Justice Janet Mulwa which issued ex parte orders prohibiting Football Kenya Federation from holding any AGM of the Federation was contradictory to the court.
The court found it necessary to suspend, on the interim, the contradictory ex-parte orders and ruled that the parties in both applications, Milton Nyakundi and Football Kenya Federation shall file their submissions within 14 days. The case will come up for ruling on 7th October, 2024.
The applicant, Milton Nyakundi had initially sought to withdraw the case before pushing on with it and on 30th July, he obtained exparte orders against Football Kenya Federation and Nicholas Mwendwa and 14 others to stop the FKF AGM that was set to be held in March 2024.
Justice Mulwa in her ruling had issued orders prohibiting FKF from calling any AGM of the Federation or doing any act on behalf of the federation as prayed for in the motion pending hearing of the application. However, the Justice Ngaa orders which remain in force and haven’t been appealed ruled that FKF remains the duly elected FKF officials duly recognized and allowed to transact business for and on behalf of FKF.
Football stakeholders were thrown into dismay following the Justice Mulwa order which would have grinded football activities to a halt at time when the football leagues are set to resume for the new 2024.2025 season in three weeks’ time as well as the preparations for the Junior Starlets under 17 girls team that has qualified for the world cup to be played in October.
The Senate Majority leader Kericho Senator Aaron Cheruiyot faulted the ex-parte orders prohibiting Football Kenya Federation from running football activities terming it ill intentioned.
Senator Cheruiyot noted that such an order was likely to chaperone Kenya into a FIFA ban and some of the consequences will be the loss of rights for Kenya in hosting the 2027 AFCON. The senator, who is also the co-captain of Bunge FC, the parliamentary football outfit wondered why would the judge would issue Ex Parte orders and set the next hearing date to October oblivious of the consequences her orders would impact on Kenyan football.
