The High Court in Nairobi has issued orders suspending an ex-parte order that barred the Football Kenya Federation (FKF) from holding its Annual General Meeting (AGM). FKF filed an urgent application on July 31, seeking to have the ex-parte orders set aside, claiming they were obtained through the non-disclosure of material facts and other court orders.
In granting the suspension, the court noted that the petitioner, Milton Nyakundi, had failed to disclose a previous order issued by Justice Ngaa J. on July 14, 2023, which recognized the current FKF officials as duly elected and allowed them to conduct business on behalf of the federation.
The court was informed that Justice Ngaa’s orders had not been lifted or appealed, and that the ex-parte order issued on July 30, 2024, by Lady Justice Janet Mulwa, prohibiting FKF from holding an AGM, contradicted the earlier ruling.
As a result, the court deemed it necessary to suspend the conflicting ex-parte orders temporarily and ruled that both Nyakundi and FKF must submit their arguments within 14 days. The case is scheduled for a ruling on October 7, 2024.
Nyakundi had initially sought to withdraw the case before deciding to proceed, subsequently obtaining ex-parte orders on July 30 against FKF, Nicholas Mwendwa, and 14 others to halt the AGM. Justice Mulwa’s ruling had prohibited FKF from calling any AGM or taking actions on behalf of the federation pending the hearing of the application, while Justice Ngaa’s orders remain in effect.
Football stakeholders were thrown into dismay following the Justice Mulwa’s orders which would have grinded football activities to a halt at time the football leagues are set to resume for the new 2024/2025 season in three weeks’ time.
Importantly, the orders would have completely stopped preparations for the Junior Starlets (the Kenya Under-17 girls’ team) that has qualified for the FIFA World Cup to be played in October.
