Two Kenyan Premier League players have moved to court to challenge rules governing practice and procedure of Sports Disputes Tribunal (SDT) which they claim are “irregular, illegal, unlawful and/or unconstitutional.”
In a petition before the High Court of Kenya at Kericho, seen by Kahawa Tungu, Kefa Ondati, Bernard Odhiambo of Zoo FC and Alfred Kirui, chairman of Football Kenya Federation (FKF) Kericho Branch, want “Rules of the Sports Dispute Tribunal” quashed.
The Attorney General, CS Sports Amina Mohammed, SDT chairman John Ohaga and the Chief Justice have been listed as respondents.
The petitioners are accusing Judge Ohaga of assuming legislative duty by enacting and applying the rules against provisions of Sports Act 2013 and the Kenyan constitution.
“Whereas the said Rules have been in force to date, the same were not done in consultation with the Respondent, not approved by Parliament and or not gazetted in the Kenya Gazette as required by the Constitution, Section 61 of the Sports Act No.25 of 2013 and/or Statutory Instrument Act, 2013,” the petition reads.
The petitioners want the court to set aside all SDT rulings delivered under the disputes rules and it be barred from further proceedings using the same rules.
In particular, they want the court to annul the recent SDT ruling which disbanded the FKF National Executive Committee (NEC) and has thus created a leadership vacuum in football hence affecting their livelihoods.
“A declaration that all the decisions of the Sports Dispute Tribunal made under the impugned “Rules of the Sports Dispute Tribunal” are fatally tainted with illegality hence null and void and of no legal consequences.”
The case has been certified urgent and all parties have 14 days to make submissions before a ruling is made.