Court declines to suspend FKF resolutions expelling vice president Mariga

By  Sam Kiplagat

Court Reporter

Nation Media Group

The High Court had declined to suspend the implementation of the resolutions that expelled seven National Executive Committee (NEC) members of the Football Kenya Federation (FKF), including vice president McDonald Mariga.

The judge sitting in Murang’a further declined to certify the case by Patrick Kinyua as urgent and instead directed the case to be mentioned in February 2027.

The court directed Kinyua to file his submissions on the application, after serving the court documents on FKF and other persons named in the case.

“The application shall be canvassed by way of written submissions. Accordingly, the Petitioner/Applicant shall file and serve his written submissions within fourteen (14) days, and thereafter, the Respondents shall file and serve their written submissions within fourteen (14) days from the date of service of the Applicant’s submissions,” said Lady Justice Dorah Chepkwony.

The judge said the matter will be mentioned on February 25, 2027, to confirm compliance and fix a ruling date.

Kinyua had asked the court to issue conservatory orders reinstating the status quo that existed before the meeting, pending the determination of the case.

He also wants the court to restrain the football governing body from taking any further steps, including disciplinary measures, expulsions, suspensions, dismissals and appointments, which could deepen what he describes as an institutional crisis within the federation.

“That pending the inter partes hearing and determination of this Application and the main Petition, the Respondents be restrained, whether by themselves, their agents, servants, employees or otherwise howsoever, from taking any further unilateral steps, issuing any further competing correspondence, press statements or directives, or implementing any measures that would prejudice the fair determination of the constitutional questions raised in the Petition or further damage the institutional integrity of the Football Kenya Federation,” the petition stated.

Kinyua initially sought to stop the SGM on Friday, November 6, but the case was not heard.

He argues that unless the court intervenes and suspends the resolutions, further unilateral actions, competing disciplinary processes, confrontations and violence are almost certain.

Kinyua said the continued crisis threatened the institutional integrity of FKF, its commercial partnerships, preparations by national teams and Kenya's readiness to co-host the 2027 Africa Cup of Nations.

The SGM proceeded, with the FKF General Assembly made up of 66 delegates resolving to expel seven NEC members.

Those expelled alongside Mariga were Robert Kenneth Macharia, Bernard Korir Lagat, Violet Kerubo Momanyi, Collins Opiyo Kalee, Gabriel Mghendi and Dan Shikanda.

The meeting was attended by representatives of the world football governing body FIFA, the Confederation of African Football (CAF) and the Acting Sports Registrar.

The expelled officials refuted the legitimacy of the meeting, alleging that genuine delegates were locked out, due process was not followed, and they were denied the right to be heard.

Kinyua says the rival factions that formed the basis of his original petition have not been resolved. Instead, he argues, the divisions have been entrenched and deepened by the chaotic events surrounding the SGM in Meru.

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