Riddle over football running by Transition Committee following SDT ruling

Uncertainty hangs over Kenya’s new football season set to kickoff on September 10, following a ruling by the Sports Disputes Committee which could render the 2021/22 leagues null and void.

In its ruling on Tuesday afternoon, the SDT found the FKF Transition Committee to have run the league illegally, ignoring the already existing FKF constituted bodies and forming its own to settle disputes involving teams in the leagues.

According to Japheth Munyendo who represented the FKF judicial bodies in the suit, the Tribunal reiterated that the FKF Transition Committee’s appointment was to act as a replacement of the disbanded FKF Executive Committee and not its Judicial and the Standing Committees.

Further, the Tribunal found that their mandate was to ensure that they running of the of the FKF affairs as per its constitution, but consequently acted unconstitutionally for running the league without Judicial bodies.

“The court has not expressly nullified the league in entirety but it has opened an avenue for such a possibility. If someone moves to court appealing for nullification of the leagues on grounds of today’s ruling, that could be an easy case since there were many instances the committees which have been found to have operated illegally made decisions – affecting the league.

“Annulling the league was not the prayer of the complainants, who were National Super League clubs,” explained Munyendo.

For example, it was out of an illegally constituted body that Murang’a SEAL were docked three points, which could have changed their position to second on the NSL table by the time the league culminated.  

As such, the team would have been promoted directly to the Kenyan Premier League, and the playoffs they lost to Wazito would have featured Fortune Sacco who were declared runners up behind champions APS Bomet.

That means the Transition Committee could be forced to scrap off Fortune Sacco from the list of teams set for Premier League next season to pave way for SEAL, which would also necessitate another playoff between the former and Wazito.

Primarily, decisions affecting the Super League clubs spill over to the Premier League and Division One leagues, and the subsequent lower leagues especially on the question of promotion and relegation.

SDT Chairman John Ohaga has also explained the direct implication of the ruling, underscoring the fact that the league season is not yet declared null and void.

“For the league to be declared null and void, the aggrieved parties will need to demonstrate that the absence of the FKF Committees significantly affected the outcomes of the leagues. It is not after every match that teams go to the committees for a decision,” explained Ohaga, who is set to release a detailed ruling on Wednesday.

The case against the FKF Transition Committee was filed in May by Migori Youth FC, Gusii FC, Dandora Love FC, Zoo FC, Kamungei United FC, Coastal Heroes FC, Mwatate United FC, Kisumu Allstars FC and Francis Ngira Okello.

Also enjoined in the case was the FKF Judicial Bodies and Standing Committee, Kariobangi Sharks FC, Vihiga United FC, Mathare United FC, Sofapaka FC later as interested parties.

This leaves the kickoff of new season in limbo, under the Transition Committee whose tenure was extended by two months by CS Amina Mohammed a fortnight ago.