Reprieve for Nyamweya as court quashes ban

The High Court on Friday handed former Football Kenya Federation president Sam Nyamweya a lifeline after quashing a 10-year ban imposed on him by the football governing body.

FKF's National Executive Committee had on March 21, 2017, banned Nyamweya from all football activities, locally and internationally, for a period of 10 years.

But in a decision on Friday, Justice Chacha Mwita said FKF NEC acted illegally by failing to according Nyamweya a hearing. The Judge said the move contravened Nyamweya’s right to fair administrative action by denying him an audience.

The decision was communicated to football governing bodies including Cecafa, Caf and Fifa. But the judge annulled the decision.

Nyamweya had moved to court seeking to be pardoned saying he was neither summoned nor given notice of the intention to suspend him.

He added that he had earlier resigned from his position on February 9, 2016 and the suspension was of no consequence.

He told the Judge that the NEC meeting convened by current FKF president Nick Mwendwa and the federation’s CEO Robert Muthomi had no powers to suspend him. He also added that the suspension was done out of malice.

In reply, Mwendwa and Muthomi asked the court to dismiss the case saying Nyamweya had failed to prove any of the claims. The two said that Nyamweya’s resignation was not valid because the former FKF president did not follow the laid down procedures.

Mwendwa said a member wishing to resign must fulfill his financial obligation and Nyamweya had not done so. The current office accused him of illegally withdrawing Sh2.5 million from the federation’s account, an allegation he has dismissed.

And even after handing in the resignation letter, Mwendwa said his predecessor continued to engage in football activities. Further the officials said Nyamweya should have resolved the matter internally because there were mechanisms to handle disputes.

In a letter addressed to Nyamweya, Muthomi said the decision to suspend the former boss was reached following a National Executive Committee meeting.