FKF bosses Nick Mwendwa and Robert Muthomi suffered a major blow on Tuesday morning after high court threw out preliminary objection raised by the two claiming that Nyamweya had no compelling grounds to attack the new KPL format.
“It is argued that Nyamweya lacks legal authority to institute this matter. I find nothing to support this position,” Justice John Mativo said, adding; “The conclusion becomes irresistible that the preliminary objection raised in this case has no merit at all.”
The learned Judge emphasized that courts and tribunals are required, under Article 159 (2) (d) of the Constitution, to administer justice without undue regard to procedural technicalities. Nyamweya was justified to present his grievances for judicial adjudication, he said.
The main suit will now go for full trial to determine whether any sanctions should be imposed on the FKF leadership and KPL management over what Nyamweya calls irregular expansion of the soccer bonanza from 16 to 18 participating teams and the haphazard relegation and promotion of teams to the annual football season.
Nyamweya, who relinquished the FKF presidency to pave way for the Mwendwa team, has protested that the restructuring of the KPL is likely to provoke a ban on Kenya’s participation in regional and continental games by world soccer governing body, FIFA. He claims Kenya risks losing out on bidding to host the Continental African Nations Cup (CHAN).
The Mwendwa team had argued that Nyamweya did not participate in the signing of the FKF-KPL agreement that provides for only 16 teams to play during the 2017 season, comprising 14 teams that qualified during the 2016 season and the two highest ranked clubs at the end of the 2016 season in the FKF National Super League.
Nyamweya has accused the FKF leadership of unilaterally expanding the KPL to 18 teams and breaching the pact that categorically states that relegation and promotion of clubs must be reviewed and agreed upon at least one season before enforcement.
He claims Mwendwa and his associates had deliberately disobeyed sanctions imposed by the Sports Disputes Tribunal on October 14, lst year, restraining them from interfering with KPL affairs or discussing expansion of participating team.
Proceedings to resume.