Why Gor Mahia has taken the Sports Tribunal to court
What you need to know:
- They claimed that the tribunal exceeded its mandate when it rendered a decision in a matter which involves an employment related row yet it does not have the jurisdiction to do so.
- They also claimed that job contracts of the said four players indicated that in the event of any disputes arising, the matter should be referred to arbitration in accordance with Fifa regulations with regards to status and transfer of players.
Officials of a local football club have sued the Sports Disputes Tribunal over a row involving four of its former players.
Through lawyer Ezekiel Njagi, officials of Gor Mahia faulted the tribunal for rendering a decision touching on the termination of contracts of Jacob Keli Mutungi, Chrispine Odula Wadenya, Jackson Saleh Lusuli and Sammy Okinda.
They claimed that the tribunal exceeded its mandate when it rendered a decision in a matter which involves an employment related row yet it does not have the jurisdiction to do so.
They also claimed that job contracts of the said four players indicated that in the event of any disputes arising, the matter should be referred to arbitration in accordance with Fifa regulations with regards to status and transfer of players.
They therefore want court to quash the tribunal's decision dated March 29 and that it should be completely barred from continuing to handle the matter.
"In the interest of justice, leave be granted to operate as stay of proceedings in the matter before the sports disputes tribunal involving the four players," said Njagi.
The said players entered into two- year employment contracts with Gor Mania on diverse dates in 2016. They later on mutually agreed to part ways with the 16-time league champions.
Keli and Wadenya earned Sh 120,000 monthly, while Lusuli and Sammy Okinda got Sh90,000 and Sh70,000 respectively.
At the tribunal, they claimed that on termination of their contracts, they were to be paid two months salary but that did not happen hence they sued the officials of the club.
In their suit before the tribunal, they sought payment of their monies due to breach of contract as well as unlawful termination.
But the officials of K'Ogalo alleged that their contracts stipulated that rows of such a kind are to be replaced through arbitration.
Gor Mahia's Secretary General Lordvick Aduda said the tribunal does not have the jurisdiction to handle the matter. But the tribunal ruled that there was no other forum to handle the matter.
The officials are now accusing the tribunal of acting unlawfully hence its decision is illegal.
