Chemelil Sugar Football Club & another v Nick Mwendwa & 2 others; Tusker FC & 22 others [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
John M. Ohaga (Chairman), Gabriel Ouko (Member), E. Gichuru Kiplagat (Member)
Judgment Date
September 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Chemelil Sugar Football Club & another v Nick Mwendwa & 2 others; Tusker FC & 22 others [2020] eKLR

1. Case Information:
- Name of the Case: Chemelil Sugar Football Club & Kenya Premier League Limited v. Nick Mwendwa & Others
- Case Number: Case No. 7 of 2020
- Court: Sports Disputes Tribunal, Republic of Kenya
- Date Delivered: September 15, 2020
- Category of Law: Civil
- Judge(s): John M. Ohaga (Chairman), Gabriel Ouko (Member), E. Gichuru Kiplagat (Member)
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include:
- Whether the FKF-KPL 2015 Agreement is valid and enforceable.
- Whether the Respondents breached the aforementioned Agreement by unilaterally declaring Gor Mahia FC as the champions of the 2019/2020 season.
- Whether the Tribunal has jurisdiction to determine this Petition.
- Whether the Petitioners exhausted internal dispute mechanisms prior to filing the Petition.
- Whether the COVID-19 pandemic constitutes a force majeure event that excuses the Respondents from their obligations under the Agreement.

3. Facts of the Case:
The Petitioners, Chemelil Sugar Football Club and Kenya Premier League Limited (KPL), filed a Petition against Nick Mwendwa (President of Football Kenya Federation), Barry Otieno (CEO), and the Football Kenya Federation itself. The dispute arises from a decision made on April 30, 2020, by the 1st Respondent, which declared Gor Mahia FC the champions of the 2019/2020 season, despite the league being suspended due to the COVID-19 pandemic. The Petitioners argue that this decision violated their exclusive rights under the FKF-KPL Agreement dated September 24, 2015, which grants KPL the authority to manage the league.

4. Procedural History:
The Petition was initiated on May 11, 2020, under Certificate of Urgency. The Tribunal issued interim orders to stay the Respondents' decision pending the determination of the Petition. Various procedural steps followed, including the filing of affidavits, preliminary objections, and written submissions by both parties and interested parties. The Tribunal ruled on preliminary objections on July 28, 2020, allowing the Petition to proceed. The final hearing took place on September 7, 2020.

5. Analysis:
- Rules: The Tribunal considered the FKF-KPL Agreement, the Sports Act, and relevant provisions of the Constitution of Kenya. The Agreement stipulated that KPL had exclusive rights to manage the league and that any disputes should be resolved through the Sports Disputes Tribunal.
- Case Law: The Tribunal referenced previous decisions, including SDT Petition No. 41 of 2016, which established KPL's rights to manage the league. The Tribunal also discussed principles of arbitration and jurisdiction.
- Application: The Tribunal concluded that the Respondents acted outside their authority by declaring the league's champion without KPL's consent. It found that the COVID-19 pandemic did not absolve the Respondents of their obligations under the Agreement, as KPL had already recognized the pandemic's impact and suspended the league. The Tribunal also determined that the Petition was filed without proper authority from the 2nd Petitioner.

6. Conclusion:
The Tribunal dismissed the Petition on the grounds that it was filed without the requisite authority from the 2nd Petitioner. Each party was ordered to bear its own costs. The ruling underscored the importance of adhering to contractual obligations and the necessity of proper authorization in legal proceedings.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Tribunal ruled against the Petitioners, determining that the Petition was invalid due to lack of authority from the 2nd Petitioner. The decision has significant implications for the governance of sports in Kenya, emphasizing the need for compliance with contractual agreements and proper procedural conduct in dispute resolution.

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