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Court quashes Nyamweya’s 10-year ban from football activities

The high court has quashed the decision of the executive committee of the Football Federation Kenya (FKF) to suspend Sam Nyameya from all football activities in the country for a period of 10 years.

At the same time, Mr Justice Enock Chacha Mwita prohibited the current administrators of FKF, led by Nick Mwendwa, against discussing any issues about Mr Nyamwenya in relation to the matter he raised in the court case.

Justice Mwita allowed Mr Nyamweya’s request for conservatory orders after Mr Mwendwa failed to file a response to the issues he raised in the case he says he was condemned unheard.

Justice Mwita allowed the orders sought by lawyer Wahome Njagi for Mr Nyamweya to block FKF officials restraining the former football administrator from participating in activities of the sport.

“The prayer for conservatory order is hereby granted to the petitioner (Nyamweya) since the defendants have not responded to the serious allegations that FKF administrators violated his constitutional and fundamental rights in slapping him with a ban of 10 years,” Justice Mwita said in his ruling on Tuesday.

Mr Nyamweya, who has named Mr Mwendwa and FKF CEO Robert Muthomi as defendants, said the decision to ban him is an affront to his fundamental and constitutional rights guaranteed in the Kenya 2010 Constitution.”

IN BAD FAITH

The former FKF president submitted that he retired from active management of the football association in full glare of cameras when he opted not to run for the presidency.

He also said, in the case filed under certificate of urgency, that the decision has “brought his character into disrepute.”

The national executive committee of FKF met on March 21 where it deliberated among other things the suspension of Mr Nyamweya over his move to file a case at the High Court against FKF. The decision was communicated to Mr Nyamweya even days later.

In the court papers, Mr Nyamweya who is seeking damages from the respondents says the decision by FKF to suspend him is unreasonable and irrational.

The petitioner submitted that he was not summoned or given an opportunity to be heard by FKF adding that the decision to suspend him was in bad faith.

The court gave Mr Mwenda time to respond to the case and fixed the hearing for July 31.