Sam Nyamweya loses bid to lift FKF 10-year suspension
The High Court has declined to temporarily lift the suspension of Sam Nyamweya from all football activities in Kenya for 10 years.
However, Justice Chacha Mwita certified as urgent the case filed by the embattled former president of Football Kenya Federation (FKF).
'DISREPUTE'
Justice Mwita ordered lawyer Wahome Njagi to serve the court papers to the officials of FKF to respond.
The judge fixed the case filed on April 6 for hearing on May 24.
Mr Nyamweya, who has named current FKF president Nick Mwendwa and CEO Robert Muthomi as defendants, says the decision is an affront to his fundamental and constructional rights.
Through his lawyer, he states that the suspension was hurriedly reached to bar him from taking part in the activities of football in the country “without being given an opportunity to answer allegations laid against him.”
He says the decision has “brought his character into disrepute.”
7 DAYS
The FKF national executive committee met on March 21 and deliberated about, among others, the suspension of Mr Nyamweya over his decision to lodge the case.
The case is pending before Justice John Mativo.
The suspension decision was communicated to him seven days later.
In the court papers, Mr Nyamweya, who is seeking damages from the respondents, says the suspension is unreasonable and irrational.
“The petitioner submits that he has been suspended by the respondents from all football activities for a period of 10 years despite not being a member of FKF,” his lawyer writes.
LEGACY
He argues that he was not summoned or given any opportunity to be heard by FKF, adding that “the decision to suspend him was in bad faith.”
“The petitioner is being targeted having exercised his constitutional rights when he filed a case against Nick Mwendwa, among others, which is pending in court,” Mr Njagi states in the case.
He further argues that Mr Nyamweya’s suspension has brought his character and legacy into disrepute and asks the court to intervene.
He now wants the court to issue orders staying the decision by the FKF National Executive Committee pending the hearing and determination of the case.
The petitioner argues that he has not been held culpable for any allegations made by the respondents.
MEETING
The letter addressed to Mr Nyamweya and signed by Mr Muthomi indicates that he was suspended following a National Executive Committee meeting on March 21.
In the letter, the federation said Mr Nyamweya’s lengthy suspension was as a result of: “Pursuing a case against the current office in a court of law against the laid down rules, and for illegally accessing the federation’s coffers and withdrawing Sh2.5 million.”
FKF accused Mr Nyamweya of pursuing a court case against current officials while demanding that CAF Club Licensing be suspended indefinitely, and that Muhoroni Youth as well as Sofapaka, clubs that had been relegated for failing to comply with the rules, be reinstated to the top-flight league.
Mr Nyamweya denied the allegations.
He also argues that his legacy is at stake having held various administrative positions in football nationally as well as internationally.
