Kenyan case law
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Achiego v Kenya Basketball Federation; Ulinzi Basketball Club & 3 others (Interested Parties) (Tribunal Case E020 of 2022) [2022] KESDT 257 (KLR) (Civ) (15 June 2022) (Decision)
✦ The tribunal found that the respondent manipulated league fixture results by falsely declaring a forfeit for the match between Ulinzi and Emyba, which should have been played during the regular season.
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Kenya National Paralympic Committee v Wheel Chair & Amputee Association of Kenya & 8 others (Tribunal Case E010 of 2022) [2022] KESDT 145 (KLR) (Civ) (13 April 2022) (Decision)
✦ The Tribunal finds that the elections were not procedurally called and that the Petitioner has locus to file this claim.
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Collins Wakhungu v Sofapaka Football Club (Sued through its Management Committee, Chairman (Mr. Elly Kalekwa ) & 2 others; Football Kenya Federation (Interested Party) [2022] KESDT 120 (KLR)
✦ The Tribunal found that the Respondent breached the contract by failing to pay the Claimant's salary and providing three written warnings as required. The Tribunal ordered the Respondent to pay the Claimant one month's salary in lieu of notice, unpaid salary from December 2020 to August 2021, and loss of income from August 2021 to January 2022.
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Paul Mungai Kiongera v Sofapaka Football Club & 3 others;Football Kenya Federation (Interested Party) [2022] KESDT 119 (KLR)
✦ The Respondent breached the terms of the contract by failing to pay the Claimant's salary for the specified periods.
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Amazing Sports Talent Agency v Tusker Football Club; Atotos Sports Management( Interested Party) [2022] KESDT 121 (KLR)
✦ The Tribunal dismissed the Application and Complaint and vacated the interim orders. The orders include certifying the Application as urgent, restraining the Respondent from remitting the transfer fee to the Interested Party, and each party bearing their own costs.
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AFC Leopards SC & another v Football Kenya Federation [2021] KESDT 82 (KLR)
✦ The sanctions meted against the Petitioners were unjustified, illegal, irregular and null and void ab initio.
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Linus Gerald Marangu v Suleiman Sumba & 3 others [2021] KESDT 118 (KLR)
✦ The Tribunal found that the Respondents are in contempt of the Tribunal's orders and may face penalties under the Sports Act, 2013.
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Kabras Sugar RFC v Kenya Rugby Union; Derrick Ashiundu (Interested Party) [2021] KESDT 387 (KLR)
✦ The Panel upheld the decision of the Judicial Committee and dismissed the appeal.
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Peter Duke Michieka & 2 others v Chess Kenya & 3 others [2021] KESDT 154 (KLR)
✦ The Tribunal has no jurisdiction to entertain the claim.
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Charles Cardovilis & another v Kenya Rugby Union [2021] KESDT 454 (KLR)
✦ The Tribunal upheld the Respondent's decision and denied the Appellants' application for a temporary stay.
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Kenya Rowing & Canoe Federation & 2 others v Sports Registrar & 3 others;National Olympic Committee-Kenya (Interested Party) [2021] KESDT 462 (KLR)
✦ The appeal is dismissed. The parties are ordered to work out a program for elections and constitution amendment in compliance with the Constitution of Kenya, the Sports Act, and the Registrar's Regulations.
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Al Amin Abdallah v Lilian Dorcas Nandudu Kazungu; FKF Electoral Board(Interested Party) [2020] KESDT 36 (KLR)
✦ The SDT has jurisdiction to hear the appeal and the Appeals Committee has jurisdiction to reverse the decision of the Electoral Board.
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Erick Kinuthia Maina v KCB Football Club & 4 others [2020] KESDT 37 (KLR)
✦ The Tribunal allows the claim against the 1st, 2nd, and 5th Defendants and orders the 1st Defendant to provide a release letter, holds all defendants liable for breach of contract, and orders the defendants to pay for lost income, damages, and the cost of the suit and interest.
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Chemelil Sugar Football Club & another v Nick Mwendwa & 2 others; Tusker FC & 22 others [2020] KESDT 52 (KLR)
✦ The petition is dismissed as the action was commenced without the authority or sanction of the 2nd Petitioner.
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Mwinyi Kibwana Shami v KCB Football Club [2020] KESDT 51 (KLR)
✦ The Tribunal has jurisdiction to hear the case as the dispute arises from a contract entered into between the parties and the parties agree to refer the dispute to the Tribunal.
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Elijah M. Aliero & another v Agnes Flora Oluoch & another; Patrick Muthiani(Interested Party) & 10 others [2019] KESDT 71 (KLR)
✦ The 1st Petitioner has the right to institute the petition and act as the Secretary General of the 2nd Respondent. The 2nd Respondent has the capacity to defend the suit. The 1st Respondent should supply the password to the KNPC email address within 7 days.
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Samson Josiah Jonyo & another v Kenya Body Builders Federation [2019] KESDT 75 (KLR)
✦ The elections conducted by the Respondent were declared invalid due to violations of the principles of the electoral system as set out in Article 81 of the Constitution of Kenya, 2010.
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Eliud Mutali v Registrar Of Sports; George Wasonga(Interested Party) [2019] KESDT 72 (KLR)
✦ The Tribunal has the requisite jurisdiction to determine the matter and the appeal is competent.
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Maqbull Abdi Karim v Gor Mahia Football Club [2018] KESDT 3 (KLR)
✦ The Tribunal has jurisdiction to hear the matter as the Claimant has not exhausted the dispute resolution avenues provided in the contract.
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Edwin Muruah & another v Joram Wamugu & 10 others [2018] KESDT 12 (KLR)
✦ The elections were not free, fair, and procedural due to the non-disability friendly venue and the lack of independent candidates as per the 11th Respondent's constitution.
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Athman Mohammed Fahamuni(Suing In Their Capacity As Officials Of Mombasa County Boxing Association) & 2 others v John Kameta (Sued As Officials Of The Boxing Association Of Kenya) & 2 others ;Sports Registrar (Interested Party) [2018] KESDT 9 (KLR)
✦ The Tribunal has competent jurisdiction to hear and determine the petition.
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Deaf Volleyball Association of Kenya v Kenya Sports Federation of the Deaf & 2 others [2018] KESDT 7 (KLR)
✦ The claim is not entirely unmerited. The Respondents shall communicate to the Claimant the acceptance or reasons for rejection of the application to its categories of membership. The 1st Respondent's AGM and Election can go on under the strict guidance of the office of the Registrar of Sports.
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Jaqueline Njeri Waidhima Mwangi & 7 others v Anthony K. Mburu & 3 others [2018] KESDT 11 (KLR)
✦ The Kenya Federation of Roller Skating must organize a credible, fair, transparent, and verifiable selection race for the championships.
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Jacob Keli Mutungi & 3 others v Ambrose Rachier & 3 others [2018] KESDT 5 (KLR)
✦ The Tribunal has jurisdiction over the disputes and will proceed to hear the merits of the claim.
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Kenya National Paralympic Swimmers & another v Kenya National Paralympic Committee; Lydia Ndanu Kioli (Interested Party) [2018] KESDT 15 (KLR)
✦ The Tribunal found that the Kenya National Paralympic Committee did not set and adhere to any criteria for the selection of the coach, and the selection was not transparent or competitive.