Labour court nullifies Ksh 2.5 Million award to Clifton Miheso, cites lack of tribunal powers

The Employment and Labour Relations Court (ELRC) has invalidated the Ksh 2.5 million award granted to former Gor Mahia player Clifton Miheso by the Sports Disputes Tribunal (SDT). Justice Byram Ongaya, in his judgment, emphatically stated that the tribunal lacks the jurisdiction to address employment disputes between sports personalities and clubs within the country.According to Justice Ongaya, as quoted by Standard Media, the Sports Act explicitly outlines that the tribunal can only intervene in sports disputes if both the clubs and their employees mutually agree to its involvement in resolving the issue. He noted, “The case before the tribunal was an allegation of a contract of employment between the petitioner and the interested party. As submitted by the petitioner, the constitutional jurisdiction under Article 162(2) (a) as read with the Employment and Labour Relations Court Act, the jurisdiction falls upon the court.”##NAJAVA_MECA_7742337##The judge further clarified that even if Gor Mahia and Miheso had consented to appear before the tribunal, its decision would still have been considered null and void. Bandari FC receives scouting plea from Lamu East MPThis ruling marks a significant legal development, asserting that the ELRC holds the rightful jurisdiction over such employment-related matters, and the SDT’s involvement in this case was deemed inappropriate.

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