The return of one time Kenyan champions Mathare United, Wazito and Vihiga Bullets to the top-flight league could be short lived if the High Court vacates a stay of execution granted to Football Kenya Federation (FKF) that paved the way for clubs previously relegated by FKF Transition Committee to reclaim their places. The implication will be felt across all the FKF run leagues.Mayenje Santos and Dimba Patriots have moved to court seeking to have the ex parte order issued by the Constitutional Court before Justice J Ngaah on December 15, 2022, in favor of the Football Kenya Federation (FKF) allowing teams caught up in the relegation/promotion tussle to rejoin the leagues as per the federations directives withdrawn.The two clubs contend that FKF misrepresented facts in order to obtain a favorable decision.Wazito, Mathare, Vihiga back in action as Constitutional Court stays SDT’s rulingIn a twist of events, Mayenje and Dimba believe they deservedly earned their slots in the National Super League and deserve to be playing in the second tier have moved to court through their advocate to block the order and have it withdrawn.”THAT this Honourable Court be pleased to set aside and vacate the Exparte Order Number 5 given on 15th December, 2022 and issued on 16th December, 2022 in the instant matter,” read part of the orders being sought.On what grounds, you might ask?The two clubs believe that the applicants did not have legal grounds to seek exparte orders and acted illegally as they had been legally removed from office.FKF Leagues to proceed despite SDT rulingFurther, they posit that the application at the constitutional court was aimed at misdirecting the court that it is the Sports Disputes Tribunal that had barred FKF from making the National Executive Committee (NEC) resolution that rendered leagues run by the FKF Caretaker Committee, and FKF Transition Committee by extension, void.”1. THAT the Applicants have grossly misdirected the Court as they have no locus standi nor legal ground to file the current matter having been legally removed from office and are thus acting illegally, ultra vires and disobedience of existing court orders and directions;2. THAT the Ex-parte application is aimed at misdirecting this Honourable Court that it is the Sports Disputes Tribunal that issued a decision barring the Applicants from making the resolution dated the 9th November, 2022 where they had already been legally removed from office, their removal upheld by the High Court and the Sports Tribunal in different matters and thus they had no grounds whatsoever to make the said resolution,” part of the grounds on the notice of the motion to vacate read.BREAKING: Blow to FKF as SDT quashes arbitrary nullification of leaguesIn mid-November, the SDT issued an interim order of injunction to FKF staying the decision by the FKF NEC voiding the 2021/22 campaign, halting promotions and relegations in the FKF Premier League, National Super League, Women Premier League, Men’s Division One, and Women’s Division One leagues, and earlier this month went on quash the decision by NEC.The petition was granted in November after APS Bomet and Kona Rangers, teams that were supposed to be promoted to the FKF Premier League and National Super League (NSL) respectively, filed an application to declare the resolutions made by the FKF NEC on 9th November 2022 as null and void.
