The Football Kenya Federation (FKF) has cautioned its members against dealing with former boss Sam Nyamweya who was banned for a decade from all football activities.
In a circular signed by the FKF CEO dated April 5th April 2017 and sent to its affiliate members, the federation says Nyamweya has lost membership rights and anybody dealing with him will be doing so in an individual capacity.
Part of the circular read:
‘This is to inform you that based on the decision made by the FKF National Executive Committee meeting held on March 21st 2017, Sam Nyamweya has been suspended as per Article 14(1) and Article 34(m) of the FKF Constitution for a period of 10 years. Consequently he loses his membership rights with immediate effect for the next ten years. We remind you and your affiliates not to enter into any sporting contact with the aforementioned during the suspension’
The circular is copied to all FKF Branches, Sub Branches and Clubs.
The former FKF president Nyamweya recently moved to court to challenge his suspension from football activities in Kenya for a period of 10 years.
Nyamweya said that the decision by FKF by the federation’s new boss Nick Mwendwa to ban him on March 28 2017, the former boss was served a 10-year ban from all football activities is unreasonable and irrational.
In the petition Nyamweya argues that he has been suspended by the respondents from all football activities for a period of 10 years despite not being a member of FKF.
He says that he was not summoned or given any hearing by FKF and that the decision to suspend him was in bad faith claiming that he is being targeted.
“The petitioner is being targeted having exercised his constitutional rights and filed a case against Nick Mwendwa among others which is pending court, “ Nyamweya says in his court papers.
He further argues that the ban has brought his character and legacy as a respected and retired football administrator locally and international into disrepute .He wants the court should intervene.
He wants the court to issue conservatory orders staying the decision by the federation's National Executive Committee pending hearing and determination of the case.
He argues that he has not been held culpable for any allegations by the respondents.
NICK Mwendwa and Robert Muthoni have been named as respondents in the case and have been sued as representatives of FKF.
Last month Nyamweya won round one of a Kenya Premier league dispute after the High court dismissed a preliminary objection by Nick Mwendwa and Robert Muthomi to have a case filed by Nyamweya thrown out without full hearing.
Judge John Mativo ruled that the objection by Mwendwa seeking to have the petition struck out lacked merit adding that it was not based on a pure point of law to warrant its dismissal.
Nyamweya had moved to court seeking orders to suspend club licensing rules and blocking FKF and their officials from discussing or interfering with ownership and management of Kenya Premier League.
In the suit he had sued the Sports Dispute Tribunal, FKF president, Nick Mwendwa, CEO Robert Muthomi and KPL.
He says the two have made unilateral decisions to the detriment of football in the country.
Nick Mwendwa and Robert Muthomi on behalf of FKF and KPL had raised an objection towards hearing the matter on the basis that Nyamweya's case does not disclose violation of constitutional rights.
The judge added that the agreement in dispute was entered between two legal persons and that when dispute arose, the same was heard by the sports tribunal and a determination made.
FKF, he said, also ignored lawful orders given by Sports Dispute Tribunal on October 14, 2016 and went ahead to approve club licensing regulations ,which bordered on expansion of the league.
He now wants the courts to intervene and prevent any deadlocks, which might lead to sanctioning of Kenya.
Nyamweya was apprehensive that the country might miss out on hosting the 2018 African Nations Championship to the detriment of millions of fans if sanity is not restored.
FKF is a member association of Fifa and is in charge of organising the second tier football league (national super league) as well as other leagues below national league.
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