BY SAM ALFAN.
High Court has nullified a decision by Football Kenya Federation to suspend veteran soccer president Sam Nyamweya from football affairs for 10 years pending hearing and determination of the petition.
Justice Enock Chacha Mwita quashed the decision this morning after FKF failed to respond to Nyamweya’s application to quash FKF erroneous decision.
“The application dated dated 5 of April is hereby allowed” ordered the judge.
FKF told the court they were not ready to proceed with the application by Mr Nyamweya and sought to pursue the main petition. They said they will not oppose the application.
Former FKF boss Sam Nyamweya moved to court on April challenging his suspension from all football activities in Kenya for a period of 10 years.Mr Nyamweya argues that the decision by FKF to suspend him is unreasonable and irrational.
“The petitioner submits that he has been suspended by the respondents from all football activities for a period of 10 years despite not being a member of FKF,” court documents state.
Through his lawyer Wahome Nyagi, Nyamweya argues that he was not summoned or given any hearing by FKF adding that the decision to suspend him was in bad faith claiming that he is being targeted.
“The petitioner is being targeted having exercised his constitutional rights and filed a case against Nick Mwendwa among others which is pending court, “claims Nyamweya.
He further argues that his suspension has brought his character and legacy as a respected and retired football administrators locally and international into disrepute and therefore the court should intervene.
He now wants the court conservatory orders be issued staying the decision by National Executive Committee pending hearing and determination of the case.
He argues that he has not been held culpable for any allegations by the respondents.
NICK Mwendwa and Robert Muthoni have been named as respondents in the case and have been sued as representatives of FKF.
The matter was fixed for hearing on 31 of July.
