Football Kenya Federation Premier League (FKFPL) outfit Kenya Commercial Bank (KCB FC) has been ordered to pay their former player Erick Maina a sum of Ksh. 970,000 for breach of contract.The forward has been, engaging the bankers in court battles since 2020 when he first filed a case at the Sports Dispute Tribunal (SDT), looking for the team to be compelled to hand him a release letter.##NAJAVA_MECA_7968295##In the case that has been running for almost two years, the player had claimed close to a million shillings for alleged breach of contract.Maina was chasing for what is rightly hes after he claimed in a suit filed at the tribunal that the bankers failed to pay him despite having offered him a contract.During cross-examination in January, Maina told the tribunal that he was offered a contract in September 2019 offering him a salary of Ksh 30,000 per month and a winning bonus of Ksh.1,500.The former Nairobi Stima player further alleges that he was also to be paid a sign-on fee of Ksh 500,000 to be split between himself and the defunct Stima with each party pocketing Ksh.250,000 each.Malawi Flames up the ante ahead of Harambee Stars clashHe further tells Mozzart Sport that, despite being in the middle of the deal, the club (Stima) got paid their share while he got nothing from the deal.“I was offered the contract by one Stephen Othoro who said he was representing KCB. However, despite signing the contract my salary was not paid in the first month of the contract. On inquiring I was told by Othoro that I had opened an account at KCB where the money was to be paid late and he promised that I would be paid in the second month. Even after the second month, the money was not paid,” he said then.He further claims the team had gotten into a partnership with him to turn out for their junior team Protégé FC with a promise of transition to the senior team at stake but that never materialized as he was axed in the middle of the Covid-19 pandemic.After the unending battles at the corridors of justice, Maina who is attached to Division One side Ruiru Hotstars, has something to simile on after the tribunal in a sitting on Tuesday ordered the bankers to pay every single cent owed to him.The player is entitled to Ksh 250,000 in winning allowance, compensation for the two-year contract, damages accrued after the contract termination, and costs of running the case.However, Mozzart Sport understands that KCB will be moving to the high court to challenge the decision.EXCLUSIVE: Aboud Omar, Eric Johana dropped from Harambee Stars squadPart of the orders from SDT 45. Having established that the 2nd and the 5th defendants acted in their capacity as the agents of the 1st defendant, and signed the contract on behalf of the 1st defendant on the 2nd day of September 2019, the contract is hereby declared valid based on the agency by estoppel created between the 1st defendant and the 2nd and 5th.46. Though the FKF Rules and Regulations clause 6.2.7 requires the contract be signed by the player and the club officials on all pages, the contract presented by the plaintiff/applicant has been signed on all pages by the plaintiff, and although the 2nd and 5th defendants now herein referred to as the agents of the 1st defendants failed to sign on all pages knowing fully the FKF Rules and You sent Regulations require them to sign. In the interest of justice, it would be very unfair to invalidate the contract based on the mistake of the agent and therefore the contract’s validity is upheld.47. In Paragraph 21 of the plaintiff’s application, the plaintiff states he has suffered damages due to the breach of the contract, which paragraph 3.4 of the contract states:“The club will be obligated to pay the player a monthly salary of KES. 30,000 in words, THIRTY THOUSAND KENYA SHILLINGS during the period the player’s contract will be in force.”48. A claim for damages by the plaintiff/ applicant for breach of contract is entitled. In the Anson’s Law of Contract, 28th Edition at pg. 589 and 590 the law is entitled to be that:Every breach of contract entitles the injured party to damages for the loss he or she has suffered. Damages for breach of a contract are designed to compensate for the damage, loss, or injury the claimant has suffered through that breach.”The plaintiff/applicant has shown the court that the contract entitles him to a monthly pay of Ksh. 30,000.00 he has not been receiving the same save for the money the mother has been receiving.49. Article 12 of FIFA Regulations on the Status and Transfer of Players requires clubs to comply with their financial obligation as per the terms stipulated in the contract, this is a standard requirement and therefore the 1st defendant is in breach of their obligation as per the FIFA Regulations.50. Article 17 of FIFA Regulations (Regulations on the Status and Transfer of Players) requires the party in breach to pay compensation to the injured party. compensation for the breach is calculated with due consideration to the law of the country concerned.
