Mwinyi Kibwana Shami v KCB Football Club [2020] eKLR Case Summary

Court
Sports Disputes Tribunal of Kenya
Category
Civil
Judge(s)
Mrs. Elynah Sifuna (Chairperson), Ms. Mary Kimani, E. Gichuru Kiplagat
Judgment Date
June 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Mwinyi Kibwana Shami v KCB Football Club [2020] eKLR


1. Case Information:
- Name of the Case: Mwinyi Kibwana Shami v. KCB Football Club
- Case Number: Appeal No. 22 of 2019
- Court: Sports Disputes Tribunal of Kenya
- Date Delivered: 16th June 2020
- Category of Law: Civil
- Judge(s): Mrs. Elynah Sifuna (Chairperson), Ms. Mary Kimani, E. Gichuru Kiplagat
- Country: Kenya

2. Questions Presented:
The central legal questions for resolution were:
1. Whether the Sports Disputes Tribunal has jurisdiction to hear the claim regarding the termination of the Claimant's employment contract.
2. Whether the termination of the Claimant's contract by the Respondent was lawful and in accordance with applicable laws and regulations.

3. Facts of the Case:
The Claimant, Mwinyi Kibwana Shami, is a professional footballer who was employed by KCB Football Club (the Respondent) through a contract dated 1st November 2018, which was to last for 20 months. The Claimant performed well during his initial tenure, contributing significantly to the club's promotion to the Kenya Premier League. However, after a fallout with the club's coach in March 2019, his playing time diminished, leading to a loan to AFC Leopards. Upon returning, his contract was unilaterally terminated on 22nd July 2019, citing unsatisfactory performance. The Claimant contended that this termination was unfair and sought compensation for wrongful dismissal.

4. Procedural History:
The Claimant filed a statement of claim on 4th October 2019, asserting wrongful termination and seeking damages equivalent to 11 months' salary. The Respondent denied these claims, arguing that the Claimant's performance was inadequate and that attempts were made to reach a mutual separation. The Tribunal held a hearing on 10th December 2019, and both parties submitted written arguments by 21st January 2020. The Tribunal then deliberated on the case and issued its decision on 16th June 2020.

5. Analysis:
Rules:
The Tribunal's jurisdiction is derived from Section 58 of the Sports Act, which allows it to hear appeals related to decisions made by national sports organizations and other sports-related disputes agreed upon by the parties. The Claimant's arguments were grounded in Article 13 of FIFA Regulations on the Status and Transfer of Players and Sections 41, 43, and 45 of the Employment Act, which govern fair termination practices.

Case Law:
The Tribunal referenced several key cases, including *Owners of the Motor Vessel “Lillian S” –vs- Caltex Oil (Kenya) Ltd* (1989) KLR 1, which established that jurisdiction is critical for a court to proceed with a case. The Tribunal also noted the *Phoenix of E.A. Assurance Company Ltd –vs- S.M. Thiga* (2019) eKLR case, emphasizing that without jurisdiction, any proceedings are a nullity.

Application:
The Tribunal concluded that the claim fell outside its jurisdiction, despite arising from a sports-related contract. The contract's framing and the nature of the Claimant's claims indicated that the appropriate forums for redress would be either the Employment and Labour Relations Court or the FKF Dispute Resolution structures. The Tribunal found that the dispute was of a local dimension, thus excluding FIFA's jurisdiction. Consequently, the Tribunal struck out the Claimant's statement of claim and ordered each party to bear its own costs.

6. Conclusion:
The Tribunal ruled that it lacked jurisdiction to hear the Claimant's case. The decision emphasized the importance of jurisdiction in legal proceedings and clarified the appropriate forums for employment-related disputes in the sports sector.

7. Dissent:
There were no dissenting opinions noted in the Tribunal's decision.

8. Summary:
The outcome of *Mwinyi Kibwana Shami v. KCB Football Club* underscores the critical nature of jurisdiction in legal disputes. The Tribunal's decision to strike out the claim highlights the necessity for parties to adhere to the appropriate legal frameworks and dispute resolution mechanisms established by law. This case serves as a precedent for future disputes involving employment contracts in the sports industry, reinforcing the need for clarity in jurisdictional matters.

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