It is a relief for former Football Kenya federation (FKF) Sam Nyamweya after The High Court lifted his suspension.
In high Court sitting in Nairobi, Justice Chacha Mwita nullified the ban on Nyamweya after he moved to court to challenge his suspension from football activities in the country for a period of 10 years.
The judge also prohibited Mwendwa and Muthoni from discussing any matter regarding the suspension of the former Fkf president at the Annual General or any other meeting.
The respondents have been given 14,days to file their response.
In his suit,Nyamweya had claimed that the decision by the
federation’s new boss Nick Mwendwa to ban him from all football
activities is unreasonable and irrational.
Nyamweya said that he was not summoned or given a hearing by FKF and that the decision to suspend him was in bad faith claiming that he is being targeted.
“The petitioner is being targeted having exercised his constitutional
rights and filed a case against Nick Mwendwa among others which is pending court, “Nyamweya said in his court papers.
He further argued that the ban has brought his character and legacy
as a respected and retired football administrator locally and
international into disrepute.
He wanted the court to issue conservatory orders staying the decision by the federation’s National Executive Committee pending hearing and determination of the case.
He argues that he has not been held culpable for any allegations by
the respondents.
NICK Mwendwa and Robert Muthoni have been named as respondents in the case and have been sued as representatives of FKF.
Last month Nyamweya won round one of a Kenya Premier league dispute after the High court dismissed a preliminary objection by Nick Mwendwa and Robert Muthomi to have a case filed by Nyamweya thrown out without full hearing.
Judge John Mativo ruled that the objection by Mwendwa seeking to have the petition struck out lacked merit adding that it was not based on a pure point of law to warrant its dismissal.
Nyamweya had moved to court seeking orders to suspend club licensing rules and blocking FKF and their officials from discussing or interfering with ownership and management of Kenya Premier League.
In the suit he had sued the Sports Dispute Tribunal, FKF president,
Nick Mwendwa, CEO Robert Muthomi and KPL.
He says the two have made unilateral decisions to the detriment of
football in the country.
Nick mwendwa and Robert Muthomi on behalf of FKF and KPL had raised an objection towards hearing the matter on the basis that Nyamweya’s case does not disclose violation of constitutional rights.
The judge added that the agreement in dispute was entered between two legal persons and that when dispute arose, the same was heard by the sports tribunal and a determination made.
FKF, he said, also ignored lawful orders given by Sports Dispute
Tribunal on October 14, 2016 and went ahead to approve club licensing regulations, which bordered on expansion of the league.
He now wants the courts to intervene and prevent any deadlocks, which might lead to sanctioning of Kenya.
Nyamweya was apprehensive that the country might miss out on hosting the 2018 African Nations Championship to the detriment of millions of fans if sanity is not restored.
FKF is a member association of Fifa and is in charge of organising the second tier football league (national super league) as well as other leagues below national league.
Courtesy