Twist as High Court suspends order against FKF in AGM, elections drama

The High Court sitting in Nairobi has issued orders suspending an ex-parte order against Football Kenya Federation (FKF) that had been issued barring the federation from holding Annual General Meeting (AGM).

In an application that was filed by FKF and certified as urgent on July 31, the federation sought to have the Ex-Parte orders set aside as the said orders were obtained through non-disclosure of material facts and other court orders.

The court in issuing the suspension orders noted that the applicant in the petition, Milton Nyakundi had not disclosed before the court, past orders issued by Justice Ngaa J. on July 14, 2023 declaring that the current FKF officials are the duly elected; and duly recognized and allowed to transact business for and on behalf of FKF.

The court was further told that the Justice Ngaa orders had not been lifted or appealed against, and the exparte order issued on July 30, 2024 by High Court judge Lady Justice Janet Mulwa prohibiting FKF from holding an AGM was contradictory to the court.

The court found it necessary to suspend, on the interim, the contradictory ex-parte orders and ruled that the parties in both applications, Nyakundi and Football Kenya Federation shall file their submissions within 14 days. The case will come up for ruling on October 7, 2024.

The applicant, Nyakundi had initially sought to withdraw the case before pushing on with it and on July 30, obtained exparte orders against FKF, Nicholas Mwendwa and 14 others to stop the FKF AGM.

Justice Mulwa in her ruling had issued orders prohibiting FKF from calling any AGM of the Federation or doing any act on behalf of the federation as prayed for in the motion pending hearing of the application. However, the Justice Ngaa orders remain in force.

Football stakeholders were thrown into dismay following the Justice Mulwa’s orders which would have grinded football activities to a halt at time the football leagues are set to resume for the new 2024/2025 season in three weeks’ time.

Importantly, the orders would have completely stopped preparations for the Junior Starlets (the Kenya Under-17 girls’ team) that has qualified for the FIFA World Cup to be played in October.