Kenyan case law
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Njoki & another v Kenya National Sports Council & 3 others; Ngugi & 3 others (Interested Parties) (Appeal E006 of 2023) [2023] KESDT 423 (KLR) (Civ) (15 August 2023) (Decision)
✦ The Tribunal asserts jurisdiction to determine the instant Claim and upholds the 1st Claimant's locus standi.
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Ayisi v Gor Mahia Football Club (Appeal E004 of 2023) [2023] KESDT 392 (KLR) (Commercial and Tax) (8 August 2023) (Decision)
✦ Tribunal finds jurisdiction and orders Respondent to pay Claimant Kshs 2,225,500 and interest, with costs awarded to Claimant
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Achiego v Kenya Basketball Federation (Petition E014 of 2023) [2023] KESDT 390 (KLR) (2 August 2023) (Decision)
✦ The Petitioner's claims are upheld, and the KBF's AGM on May 14, 2023, is declared illegal and null and void.
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Muruah & 3 others v Cheboi Ouma & Associates Advocates & 17 others (Tribunal Case E019 of 2023) [2023] KESDT 389 (KLR) (Civ) (1 August 2023) (Decision)
✦ The preliminary objection is allowed, and the Petition and Notice of Motion are dismissed.
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Cherop (Suing as Treasurer of Baringo County Football Association) v Mwendwa, FKF President & 2 others; Kayole Starlets & 5 others (Interested Parties) (Petition E016 of 2023) [2023] KESDT 374 (KLR) (Commercial & Admiralty) (11 July 2023) (Ruling)
✦ The Tribunal partially upheld the Preliminary Objection and struck out the Petition and Application for lack of jurisdiction.
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Gikonyo v Kenya Karate Federation & 4 others (Tribunal Case E003 & E008 of 2023 (Consolidated)) [2023] KESDT 372 (KLR) (20 June 2023) (Decision)
✦ The Tribunal has jurisdiction to hear and determine the matters before it. The suspension is unlawful and in violation of the KKF Constitution and applicable national laws.
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Ayisi v Gor Mahia Football Club (Appeal E004 of 2023) [2023] KESDT 295 (KLR) (Civ) (23 May 2023) (Decision)
✦ The preliminary objection is dismissed, and the matter will be fixed for hearing.
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Ogara & 13 others v Kenya Volleyball Federation & 2 others (Tribunal Case E010 & E012 of 2023 (Consolidated)) [2023] KESDT 194 (KLR) (28 April 2023) (Decision)
✦ The Tribunal issued orders suspending the Kenya Volleyball Federation Annual General Meeting, facilitating the holding of elections, and providing guidance to the educational and institutional branches.
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Ukunda Vision Starlets v Football Kenya Federation & 5 others (Tribunal Case E009 of 2023) [2023] KESDT 195 (KLR) (25 April 2023) (Decision)
✦ The Tribunal dismissed the Petitioner's suit, finding that the matter had been previously decided by the Tribunal in a previous suit.
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Cerebral Palsy Sports Federation & 3 others v Kenya National Paralympic Committee & 2 others; Milare (Interested Party) (Tribunal Case E034 of 2022) [2023] KESDT 34 (KLR) (28 February 2023) (Decision)
✦ The Tribunal finds that the Respondents breached the KNPC constitution by failing to follow proper procedure for nominations and bringing on-board new members.
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Kipyegon & another v Football Kenya Federation & another (Tribunal Case E002 of 2023) [2023] KESDT 35 (KLR) (28 February 2023) (Decision)
✦ The Tribunal has jurisdiction and the preliminary objection is not a pure point of law. The Appellants are entitled to costs.
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Olendo v Kenya Rugby Union & 8 others (Tribunal Case E033 of 2022) [2023] KESDT 20 (KLR) (14 February 2023) (Decision)
✦ The Tribunal has jurisdiction to hear the electoral dispute and finds that the elections were not held in an open, transparent, free and fair manner.
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Awino v Principal Secretary, Ministry of Sports and Culture & 2 others (Appeal E028 of 2022) [2022] KESDT 837 (KLR) (Civ) (6 December 2022) (Decision)
✦ The tribunal is divested of jurisdiction due to the petitioner's failure to comply with section 58(a) of the Sports Act, as she did not file a claim with the appeal committee against the 2nd respondent.
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APS Bomet Football Club & 3 others v Football Kenya Federation & 22 others; Dimba Patriots Football Club & 5 others (Interested Parties) (Tribunal Case E036, E038 & E039 of 2022 (Consolidated)) [2022] KESDT 838 (KLR) (Civ) (6 December 2022) (Decision)
✦ The Tribunal upheld the Petitioners' right to audience before the Tribunal and found the appointment of FKF Transition Committees to be regular and lawful.
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Murang’a Sports Excellence Academy t/a Murang’a Seal FC v Cabinet Secretary for Sports Culture and Heritage & 3 others; APS Bomet FC & 5 others (Interested Parties) (Tribunal Case E030 of 2022) [2022] KESDT 804 (KLR) (Civ) (15 November 2022) (Decision)
✦ The tribunal finds that there is no reasonable cause of action against the 1st respondent and that Zoo Kericho FC should not have been allowed to play in the NSL 2021-2022 Season.
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Muhoroni Young v Amour (Sued as the chairman of the FKF Caretaker Leagues and Competitions Committeee & 2 others; Muhoroni Youth (Interested Party) (Appeal E003 of 2022) [2022] KESDT 794 (KLR) (Civ) (8 November 2022) (Decision)
✦ The application is struck out and each party shall bear its own costs.
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Muhoroni Youth Football Club & another v FKF Transition Committee IDAC & 6 others; Shabana Football Club & 3 others (Interested Parties) (Tribunal Case E026 & E027 of 2022 (Consolidated)) [2022] KESDT 766 (KLR) (4 October 2022) (Decision)
✦ The Tribunal sets aside the IDAC decision and upholds the Transition Committee's decision regarding the NSL 2021/22 season. It also declares the participation of Zoo FC in the FKF NSL null and void.
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Ogwe v Kakamega Homeboys Football Club (Tribunal Case E008 of 2022) [2022] KESDT 772 (KLR) (Civ) (4 October 2022) (Ruling)
✦ The Tribunal has jurisdiction and due process was followed. The Claimant is awarded damages equivalent to 12 months' salary and notice pay.
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Kayole Starlet Fc v Fkf Transition Committee & another (Tribunal Case E025 of 2022) [2022] KESDT 715 (KLR) (27 September 2022) (Decision)
✦ The Tribunal quashed the decision of the 1st Respondent and awarded the match to Kayole Starlet FC.
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Gor Mahia Football Club v Football Kenya Federation & 3 others (Appeal E014 of 2022) [2022] KESDT 689 (KLR) (Civ) (6 September 2022) (Decision)
✦ The 4th respondent abandoned match 180, and the 3rd respondent acted outside the FKF Constitution and the laws of Kenya, leading to the deduction of points for the petitioner.
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Migori Youth Football Club & 8 others v FKF Transition Committee; Leagues and Competition Committee & 5 others (Interested Parties) (Petition E021 of 2021) [2022] KESDT 679 (KLR) (23 August 2022) (Decision)
✦ The Tribunal has jurisdiction to hear the petition and the decision of the Respondent on 13th May 2022 was within its mandate and not ultra vires.
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Oriku v Football Kenya Federation & 16 others; FKF Electoral Board & 5 others (Interested Parties) (Tribunal Case E006 of 2021) [2022] KESDT 685 (KLR) (19 July 2022) (Ruling)
✦ The suit is not defeated by preliminary questions of law, the FKF branches are legal entities, and the Articles 11 (e), 27(5) and 28(7) of the 1st Respondent’s Constitution are valid.
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Ochia v Kenya National Paralympic Committee & 2 others (Tribunal Case E011 of 2022) [2022] KESDT 672 (KLR) (11 July 2022) (Decision)
✦ The petition is dismissed as the petitioner has not provided evidence against the 2nd and 3rd respondents and has not demonstrated why a caretaker committee is necessary.
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Ndungu v AFC Leopards Sports Club (Tribunal Case E005 of 2022) [2022] KESDT 671 (KLR) (Civ) (5 July 2022) (Decision)
✦ The tribunal lacks jurisdiction to hear the case as the parties did not consent to submit themselves to the jurisdiction of the tribunal as per section 58 (b) of the Sports Act.
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Victor Ashinga v Club (Tribunal Case E004 of 2022) [2022] KESDT 690 (KLR) (5 July 2022) (Decision)
✦ The Statement of Claim dated February 2, 2022 is hereby struck out.