25 May 2018

Kenya: High Court Quash Nyamweya's 10-Year Football Ban

Nairobi — The High Court on Friday declared illegal the 10 years suspension from all football activities imposed on former Football Kenya Federation (FKF) boss, Sam Nyamweya.

Constitutional court judge Justice Chacha Mwita, said in his judgment that the decision by FKF National Executive Committee meeting held on March 21, 2017, was unlawful, irrational and mischievous.

"The decision communicated to CAF, FIFA and CECAFA is null and void as Nyamweya was not given an opportunity to defend himself as required by the law. The declaration by the constitutional court, means that Nyamweya is free to comment on football matters both locally and internationally," the ruling read.

The judge also ordered FKF to pay the cost of the suit filed by Nyamweya challenging the purported suspension.

Nyamweya moved to court upon receiving a letter from FKF pronouncing his suspension from commenting on football activities in the country for a period of ten years.

The former FKF President, through his lawyer Martin Wahome Njagi told the judge that the decision was unreasonable, irrational and made in bad faith.

The lawyer submitted that NEC meeting purported to suspend him when he was not Federation member, saying he had resigned a year ago.

"The petitioner is being targeted since he filed a case against the current FKF chairman Nick Mwendwa and other officials of the Federation," the lawyer argued.

Wahome pointed out that the ban has brought his character and legacy as a respected local and international football administrator into question.

Before the hearing and determination of the petition the trial judge issued a temporary orders stopping FKF from effecting the said NEC decision.

The lawyer argued that the petitioner has not been held culpable for any misconduct or allegations as purported by NEC meeting which pronounced his suspension subsequent ban.

Kenya

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