The High Court has barred Nick Mwendwa and 11 others from acting as officials of the Football Kenya Federation, including hosting an Annual General Meeting, following an application by journalist Milton Nyakundi, in what could have far-reaching implications on football affairs in Kenya.
This comes only days after Mwendwa hinted that the AGM was in the offing and that elections would be held before the end of the year after a case that had led to an order staying the delegates meeting that had been scheduled for 16 March.
Lady Justice Janet Mulwa, giving directions on Nyakundi’s application under a certificate of urgency, dated 26 July 2024, ordered Nyakundi to serve the parties. The matter will be mentioned on 7 October 2024.
“In the interim, the respondents are hereby prohibited from calling any AGM of the federation or doing any act on behalf of the federation as prayed for in the motion pending hearing of the application,” ordered Justice Mulwa.
“These orders shall remain in force up to 7/10/2024, unless otherwise varied by a court order.”
In his application, Nyakundi had sought a raft of orders, whose granting now effectively grinds football activities under Mwendwa’s watch to a halt.
The journalist wanted, in the interim, Mwendwa and his indicted National Executive Committee directly or indirectly or through their servants, agents an/or proxies, prohibited from convening any meetings and operating any existing or new bank accounts, among other orders, including stopping them from engaging in any negotiations on behalf of the federation.
“An Order be and is hereby issued that the Respondents, acting directly or indirectly or through their servants, agents an/or proxies, are prohibited from discussing, negotiating, signing or entering into any contracts, agreements, covenants, deeds and any other binding arrangement in the name of the Football Kenya Federation,” Nyakundi pleaded in his application.
“… The Respondents, acting directly or indirectly or through their servants, agents an/or proxies, are prohibited from any pronouncements purporting to be official communication in the name of the Football Kenya Federation.”
The court directive means all football activities that have been happening under Mwendwa’s watch are now halted and FIFA’s directive that an AGM be held sooner to forestall sanctions from the world body will not be complied with.
Speaking during the annual end-of-season awards gala last Friday, Mwendwa had told the gathering which included Prime Cabinet Secretary Musalia Mudavadi and sacked Sports Cabinet Secretary Ababu Namwamba that all court cases had been withdrawn to clear the way for the AGM.
Nyakundi, who has been in and out of the courts and the Sports Disputes Tribunal, based his application on the judgement of High Court Judge Hedwig Ongudi that found that Mwendwa and his NEC were removed lawfully. He has also relied on the decision of the SDT in his own case (SDT/SC/E006/2021) where John Ohaga determined that their removal meant they were barred from transacting business on behalf of the federation.
In the now-withdrawn Mombasa High Court matter, Gabriel Mghendi, deposed NEC Member for Coast region had filed an application seeking to quash SDT orders on an application by Nyakundi that had sought to find Mwendwa & Co in contempt of the tribunal’s judgement of 19 July 2024.
Nyakundi, the second respondent in the JR suit, filed an interlocutory application that successfully stayed the AGM that had been held slated for 16 March. Upon withdrawal of the application, Nyakundi explains, the stay order lapsed and it was therefore necessary to move the court through a fresh application.
“Having, previously, attempted to convene an Annual General Meeting in contempt of court orders, there is legitimate apprehension and proven fear among the stakeholders that they will try to do it again unless they are stopped by an order of this court,” Nyakundi told the court.
