A decision by FKF  to ban veteran football administrator, Sam Nyamweya, from Soccer activities for a period of 10 years has been quashed by an order of the high court.

Justice Chacha Mwita annulled the decision communicated through a letter dated March 28 2017 and termed it an “illegality” and a violation of the fundamental right to a fair hearing.

This means the declaration by the constitutional court now puts Nyamweya back into the forefront of matters football, and is free to commentate  both locally and internationally.

Click to see FKF’s letter here: SUSPENSION LETTER SAM NYAMWEYA

Nyamweya will also be smiling all the way to the bank after Justice Mwita further ordered FKF to shoulder the costs of suit he had  mounted against the purported suspension, running into millions of shillings and subject to quantification through taxation.

Nyamweya had lodged the petition against FKF on grounds that the decision was arbitrary, and was a violation of his rights to a fair hearing and that it smirked of malice.

The former FKF president had  further told the court that he was being targeted for having exercised his constitutional right to file a case against Nick Mwendwa, which is pending in court.

Justice Chacha Mwita concurred that  the March 28 2017 decision was unreasonable, irrational and mischievous.

Lawyers Wahome Njagi and Preston Kyallo argued the petition by Nyamweya.

Mischief and irrationality

“The decision was pegged on mischief and irrationality…” the judge said and wondered why the decision was made a year down the line after Nyamweya tendered his resignation  from the federation.

Lawyers wahome Njagi(r) and Preston Kyallo confer at the Milimani law Courts shortly after the judgement

“The petitioner resigned and does not hold any position…he cannot be suspended because he resigned and cannot be forced to remain a member,” the judge said as he explained his reasons for upholding Nyamweya’s petition.

He said there was no rationale to retain him as a member against his will and that the decision to suspend him then amounted to an “irrationality.”

Justice Chacha said Nyamweya’s suspension letter came a year after his resignation.

He said the petitioner’s case had merit and that his right to a fair hearing was grossly violated and for that reason was right in seeking recourse in court “in the absence of a public arbitration remedy.”

“Failure to summon or give any chance for fair hearing by the respondent (FKF).

Case of defamation

The judge said the FKF decision so communicated by the copied letter to CAF, FIFA and CECAFA is null and void, as he was not given an opportunity to defend himself sasd required  by the law.

Nyamweya has a separate pending case of defamation in which he argues that the ban  brought his character and legacy as a respected local and international football administrator into disrepute and seeks remedial general damages.

FKF’s  Nick Mwendwa and Robert Muthoni were named as respondents in the former case and in the pending one.

The two were not present, neither did they send representatives when the judgment was delivered on May 25 2018 at the Milimani law courts.

Lawyers Wahome Njagi and Preston Kyallo argued the petition by Nyamweya.