KPL league action to resume after court lifts injuction
Kenyan Premier League (KPL) fixtures will proceed as earlier scheduled after the High Court lifted orders which had suspended them.
Lady Justice Roselyn Aburili on Monday ruled that Football Kenya Federation (FKF), which had obtained the orders on February 20, stopping KPL from organising the matches, lacked the legal capacity to file a case in court hence the orders were granted to an unlawful party.
The case ought to have been brought by FKF officials and not FKF as a society, as it was in the court papers filed at the time the orders were obtained before Mr Justice Mbogholi Msagha.
The Judge also directed that FKF be struck out of the case and leave only its officials as the applicants.
“The court at the time of granting the order, did not have the advantage of the details that were brought by the defendant. It is indeed true that the injunction was issued to an entity that was not entitled to the order,” said Lady Justice Roselyn Aburili.
LACKED JURISDICTION
KPL had filed a separate application on February 23, claiming that the court lacked jurisdiction to grant the orders stopping their league matches and that the Fifa Statute, CAF Statute and the constitution of the FKF, do not allow the said dispute to be heard and determined in court.
Judge Aburili however said that the court has jurisdiction to handle the matter, which it derives from the constitution and cannot thus be limited by laws which are not protected by the constitution.
She further stated that a reading of the laws governing the Sports Tribunal, where KPL wanted the matter referred, does not indicate that the matter squarely falls there.
The judge also declined to remove Sports Kenya from the case as they had requested saying that they are proper parties to the case.
Sports Kenya had claimed that they were unnecessary because the dispute was only between FKF and KPL.
The judge however ruled against their argument seeking to be struck out of the case. The judge said as organisers, they too had a role to play.
OUT OF COURT
“There will be no matches to play if Sports Kenya locked the stadiums. This court therefore finds they are a necessary party,” explained the Judge.
At the same time, the judge directed that the parties in the case namely FKF, KPL, Kenya Football Referees Association (KFRA) and Sports Kenya, try and explore an out of court settlement option.
They are however at liberty to file any application before the court.