KPL matches to remain on hold pending court ruling
The High Court has extended orders stopping the Kenyan Premier League Limited from organizing league matches till next week.
Lady Justice Roselyn Aburili on Thursday said that the orders granted by Mr Justice Mbogholi Msagha on February 20, will remain in force until March 13 when a ruling will be made on whether certain KPL officials are in contempt of the said court order.
The orders had been granted in an application filed by FKF who alleged that KPL, Kenya Football Referees Association (KFRA) and Sports Kenya, had approved a parallel premier league.
“The World Governing Body Fifa has warned that if Kenya runs a parallel league, the country shall be banned from participating in regional, continental and international football,” FKF had said in their court papers.
Seven KPL games were however played on the first week of the competition. Two FKF league matches were also played.
FKF, through its lawyer Eric Mutua, urged the judge to protect the dignity of the court by having the officials committed to civil jail for six months. He said they had served the order but it was adamantly ignored.
COURT ORDER
“This court should be firm on any person who disregards orders,” pleaded lawyer Mutua.
KPL officials, through lawyers Geoffrey Obura and Ben Akech, told the court they were never served with the court order.
Lawyer Obura added that the said order was also ambiguous since it stopped KPL from organizing parallel league matches yet it has been the body responsible for organizing league matches since 2003.
“KPL has been organizing league matches since 2003, a fact which has also been recognized by FKF. It is therefore unclear which league matches are parallel according to this court order,” explained Obura.
Meanwhile, former FKF officials Sammy Shollei and Dan Shikanda will on Friday know whether they will be enjoined in the case after the court makes a ruling on the matter.
The request by the two to be allowed to participate in the case had been opposed by FKF through lawyer Mutua, who said that the former officials had been suspended from participating in football activities for a period of six years beginning July, 2012.
VIOLATING THE BAN
He said that “by allowing the two to participate in this case, the court will assist them in violating the ban because they will raise issues relating to management of football in the country.”
Mutua added that the officials had also challenged their suspension in court but lost and if allowed, the court will not only assist them go against the ban, but it will also contradict the decision of another court which affirmed the ban.
KPL lawyers Obura and Akech as well as the lawyer representing Shollei and Shikanda, said the court should allow them because FKF has not demonstrated how it will be prejudiced by their participation.
KFRA through lawyer Paul Mungla also supported Shollei and Shikanda’s request to participate in the case.
“I understand them to be saying that they have been in football management for long and have knowledge which can help this court. In these circumstances, I urge that the said knowledge should be availed to this court,” lawyer Mungla said.
The main issues between FKF and KPL, regarding the alleged parallel matches, will be heard after the contempt of court application has been determined.