Gor Mahia Football Club v Kenya Premier League Limited [2016] KESDT 5 (KLR)
- Court
- KESDT
- Case number
- 5
- Citation
- [2016] KESDT 5 (KLR)
- Decided
- 30 August 2016
The preliminary issue is determined in favor of the Club, as IDAC did not notify the Club that the reasoned decision could be made available upon request.
Facts
The Kenya Premier League Limited (KPL) charged Gor Mahia Football Club with failing to control its members and supporters during a league match on April 16, 2016, resulting in disruptions and assault of a second assistant referee. The Club was docked three points from its points tally. Additionally, the KPL charged Mr. Boniface Oluoch, the Club's goalkeeper, with assaulting the second assistant referee.
Issues
- Whether the decision to dock three points from the Club's points tally complied with the principles of legality and proportionality.
- Whether the disciplinary measure taken against Mr. Boniface Oluoch was valid.
Reasoning
The Tribunal determined that the Club's preliminary issue was not faulted because IDAC did not notify the Club that the reasoned decision could be made available upon request. The standard of proof to be applied in disciplinary proceedings is the 'comfortable satisfaction' of the Panel.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Sports Act, 2013
- Rules of Kenyan Football
- Companies Act, Chapter 486
Cases cited (2)
- FC Zenit St. Petersburg v. Russian Football Union (Award of 7 October 2013)
- Deportivo Petare FC v. Fédération Internationale de Football Association (FIFA) (award of 21 March 2014)
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