Dj Vnyash
The High Court in Nairobi has suspended an ex-parte order that prevented the Football Kenya Federation (FKF) from holding its Annual General Meeting (AGM).
FKF filed an urgent application on July 31, requesting the court to set aside the ex-parte order, claiming it was obtained without disclosing key information and prior court decisions.
The court noted that Milton Nyakundi, the applicant in the case, failed to mention earlier rulings by Justice Ngaa J. from July 14, 2023, which confirmed the current FKF officials as duly elected and authorized to conduct business for the federation.
The court was informed that Justice Ngaa’s orders had not been overturned or appealed, making the ex-parte order issued on July 30, 2024, by Lady Justice Janet Mulwa, which prohibited FKF from holding an AGM, inconsistent with existing rulings.
As a result, the court decided to temporarily suspend the conflicting ex-parte orders and required both parties, Nyakundi and FKF, to submit their arguments within 14 days. A ruling on the case is scheduled for October 7, 2024.
Initially, Nyakundi sought to withdraw the case but later pursued it, resulting in the ex-parte orders against FKF, Nicholas Mwendwa, and 14 others to halt the AGM.
In her ruling, Justice Mulwa prohibited FKF from calling any AGM or acting on behalf of the federation while the application was being heard, although the Justice Ngaa orders remain in effect.
The football community was left in disarray following Justice Mulwa’s orders, which could have halted football activities just as the new 2024/2025 season is set to begin in three weeks. The orders would have also disrupted preparations for the Junior Starlets, Kenya’s Under-17 girls’ team, which has qualified for the FIFA World Cup scheduled for October.
