Row over Sh155m claim by coach Williamson escalates

Sharp differences have emerged between Football Kenya Federation officials and former federation chief Sam Nyamweya over the exact amount of dues owed to Scotsman Bobby Williamson, who used to coach the national football team Harambee Stars.

Whereas FKF argues that Williamson penned a two-year deal to coach the Stars from August, 2014 to August, 2016, Mr Nyamweya and Mr Williamson claim that he had signed a five-year deal running from August, 2014.

Shockingly, in a sworn affidavit dated June 6, 2016, a copy of which is in our possession, Mr Nyamweya says the expiry period was not indicated in the contract agreement due to “oversight”.

The matter is being heard by the Sports Dispute Tribunal chaired by lawyer John Ohaga.

“I signed the Football Kenya Federation national team head coach agreement for Robert Williamson dated 25th August 2014.

“This Agreement was to run for period of five (5) years from 25th August, 2014 although the expiry period was apparently not indicated in the agreement due to oversight,” Mr Nyamweya says.

He adds: “I swear this affidavit to confirm that there was only one agreement entered between Robert Williamson and Football Kenya Federation.”

FKF, through its general secretary, Mr Robert Muthomi, in a separate  affidavit sworn on February 9 ,2016 says: “The duration of the agreement was two years as provided under clause 3(d) of the said  agreement and not five years as alleged by the Petitioner, thus the contract was due to terminate in the month of August 2016”.

In the affidavit, FKF also claims that Mr Williamson has not been sacked as the national team head coach, but had instead absconded his duties as he is still an employee of the federation.

The petition was therefore premature, as the Petitioner’s employment contract has not been terminated, FKF contends.

“The agreement provides that if at all the Petitioner’s Employment Contract was terminated, which is denied, service of the Notice of Termination of the contract by the Respondent to the Petitioner ought to have been done in person by a representative of the National Executive Committee of the Federation, and which has not happened,” FKF says.

It adds that the application should be dismissed as it is “vexatious, fatally defective and/or is an abuse of the court process”.

However, a copy of the contact, which the Nation has come across and which is addressed to the Sports Principal Secretary Richard Ekai on February 15, 2016 by Mr Nyamweya and copied to Sports Cabinet Secretary Hassan Wario, states that the Scot was hired for a period of two years.

However, the other contract, which is filed at the tribunal by Mr Williamson, was silent on the agreements duration raising the question of who could be fooling who.

Clause 3(d) of the contract states: “The agreement term is for a period of 2 years (rolling after the first year) and can be further renewed for the same period as shall be negotiated”.

Mr Williamson, who took over the reins of the Stars in August 2014, shortly after handling Gor Mahia at the 2014 Cecafa Club Championship in Kigali, Rwanda, stopped taking charge of the team on February 20, 2016, when FKF President Nick Mwendwa announced at a press briefing in Nairobi that he had picked Stanley Okumbi as First Team Coach as he looked into Mr Williamson’s issue.”

Mr Williamson, in his application wants to be paid salary arrears for 12 months amounting to Sh30m; house rent arrears for 6 months amounting to Sh0.9m; terminal dues amounting to Sh10 million; compensation for 3.5 years, amounting to Sh105 million, stretching the total claims to Sh155.5 million.