The High Court has quashed a 10-year ban imposed on former Kenya Football Federation (FKF) President Sam Nyamweya which barred him from commenting on football matters.
FKF National Executive Committee had on March 21, 2017, gagged Mr Nyamweya from commenting on all football activities, locally and internationally, for a period of ten years.
But in a decision on Friday, Justice Chacha Mwita said FKF NEC acted illegally by failing to according Mr Nyamweya a hearing.
The Judge said the move contravened Mr Nyamweya’s right to fair administrative action by denying him an audience.
The decision was communicated to football governing bodies including CAF, FIFA and CECAFA. But the Judge said the decision was null and void.
Mr Nyamweya moved to court saying that he was never summoned or given notice of the intention to suspend him from all football activities.
He added that he had earlier resigned from his position on February 9, 2016 and the purported suspension was of no consequence.
He told the Judge that the NEC meeting convened by President Nick Mwendwa and Robert Muthomi had no authority to suspend him from football activities. He also added that the suspension was done out of malice.
In reply, Mwendwa and Muthomi asked the court to dismiss the case saying Nyamweya had failed to prove any of the allegation. The two said that Nyamweya’s resignation was not valid because the former FKF President did not follow the laid down procedures.
Mwendwa said a member wishing to resign must fulfill his financial obligation and Nyamweya had not done so. The current office also accused Nyamweya of illegally withdrawing Sh2.5 million from the federation account, an allegation he has dismissed.
And even after handing in the resignation letter, Mwendwa said his predecessor continued to engage in football activities. Further, the officials said Nyamweya should have resolved the matter internally because there were mechanisms to handle such disputes.
In a letter addressed to Nyamweya, Mr Muthomi, the FKF Chief Executive Officer said the decision to suspend the former boss was reached following a National Executive Committee meeting.