Mieno's bid to join Gor Mahia flops

Gor Mahia's Khalid Aucho (right) fights for the ball against Tusker FC's midfielder Humphrey Mieno during SportPesa Premier League match played at Moi Stadium in Kisumu on October 25, 2015. Gor Won 1-0. Mieno's transfer to Gor has flopped. PHOTO | TONNY OMONDI | NATION MEDIA GROUP

What you need to know:

  • Mieno’s head has been turned by alleged interest from the glamour club and has in the past one week unsuccessfully tried to push for a move.
  • He joined Tusker from AFC Leopards in January last year on a three- year deal.
  • Mieno earns about Sh 80,000 a month at Tusker but has been unsettled by a Sh130,000 a month offer at Gor plus sign on fee of Sh 1.5million.

Tusker midfielder Humphrey Mieno, who is pushing for a move to league champions Gor Mahia, is caught between a rock and a hard place.

The lanky playmaker, who previously turned out for AFC Leopards, Sofapaka and Tanzania’s Azam unsuccessfully sought transfer.

Last week, he was spotted at the Football Kenya Federation offices to argue his case. However, our sources said he was told to follow the rules.
Mieno joined Tusker from Leopards in January, last year, in a three-year deal.

The Daily Nation has learnt that the player, who is left with 18 months on his contract, earns about Sh80,000 a month and is reportedly being offered Sh130,000 at K’Ogalo and a sign on fee of Sh 1.5 million. However, Gor’s acting secretary general Ronald Ngala denies the claims.

“We’ve never talked to Mieno nor made an official bid. We would go for him if he’s a free agent because he’s a good player,” he said.

Ngala added: “We made official approach for the players we wanted. We made an approach to Western Stima for Baron Oketch and we got him .It was the same with Muhoroni Youth for Wellington Oketch .We also made an approach to Mathare United for Eric Johanna but they never replied while Bandari rejected our approach for Anthony Kimani.”

SPORTING SANCTIONS IMPOSED

Tusker director Charles Obiny said there is no just cause for Mieno to end his contract. He said: “The rules are clear. Gor have not made any offer to us,” he said.
Article 16A of Fifa rules state that a contract can’t be unilaterally terminated during the course of a season.

However, for footballing reason, a player can only terminate his contract if “in the course of the season, appeared in fewer than ten per cent of the official matches in which his club has featured in .In such a case, sporting sanctions shall not be imposed, though compensation may be payable”.

Consequences of terminating a contract:

The following provisions apply if a contract is terminated without just cause:

- In all cases, the party in breach shall pay compensation. Subject to the provisions of article 20 and  Annexe 4  in relation to training compensation, and unless otherwise provided for in the contract, compensation for the breach shall be calculated with due consideration for the law of the country concerned.
- Entitlement to compensation cannot be assigned to a third party. If a professional is required to pay compensation, the professional and his new club shall be jointly and severally liable for its payment. The amount may be stipulated in the contract or agreed between the parties.

-  In addition to the obligation to pay compensation, sporting sanctions shall also be imposed on any player found to be in breach of contract during the protected period. This sanction shall be a four-month restriction on playing in official matches. In the case of aggravating circumstances, the restriction shall last six months.