Bernard Ongoma of Ulinzi Stars vs KPL referees.Goal Kenya.

KPL: FKF in contempt of court and their actions are baseless

The Kenyan Premier League (KPL) has told the Football Kenya Federation (FKF) that the move to crown Gor Mahia as champions does not stand since it contravenes the FKF-KPL Agreement and the SDT ruling on the matter.

The federation announced on Thursday that the top tier will not be played again this season and K'Ogalo are the champions. It is a move which did not go down well with the league managers and they responded, saying the FKF have overstepped their mandate.

The KPL has once again made it clear to the federation that it is not their duty to perform a function which legally they do not have the authority for

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"As we reluctantly take note of your communication regarding FKF’s decision to end the KPL 2019/20 season prematurely, we once again wish to reiterate our position on this matter which we stated in our two letters to you dated Thursday, April 30, 2020," the KPL stated in a statement to FKF CEO Barry Otieno and obtained by Goal.

"It is still our insistence that any decision concerning the status and the fate of the league should be made by the Kenyan Premier League as we are the body mandated to run the Kenyan Premier League.

"FKF’s decision to end the league, without consulting the Kenyan Premier League, contravenes various clauses in the FKF-KPL Agreement and the SDT Ruling on the FKF-KPL Agreement. The clauses contravened were clearly captured in the two letters that were sent you on Thursday, April 30, 2020, which remain unanswered.

"The FKF-KPL Agreement is clear on the obligations of KPL and FKF in as far as management of the Kenyan Premier League is concerned and, therefore, KPL would like clarification on which organ within FKF’s structure met, deliberated, and made a decision regarding the status of the league.

"We seek to know this considering that the SDT Ruling of March 17, 2020, stated that the term of the FKF National Executive Committee (NEC) had ended. 

"KPL is bound to that SDT Ruling and implementing any purported decisions emanating from unauthorized persons will amount to contempt of court. As a law-abiding institution, KPL would like to avoid doing so."

The league managers have also insisted it is possible to play the remaining games and end them by July, further stating the FKF misinterpreted Confederation of African Football's (Caf) letter dated April 26, which asked for the way forward amidst the Covid-19 outbreak.

"FKF’s decision to end the league on the plain pretext that CAF asked for information regarding strategies put in place to ensure the conclusion of the KPL 2019-20 season reeks of malice. Would FKF have made that decision if Cafhad not sought clarity? the statement continued.

"It remains the insistence of KPL that it is still possible to finish the league by the end of July 2020. The Government’s decision to extend countrywide curfew and isolation of the Nairobi Metropolitan Region and Mombasa County by 21 days, which expires on May 17, does not provide adequate reason to trigger knee-jerk reactions like ending the league without first exploring other avenues which would give teams a sporting chance."

The KPL concludes by stating six weeks will be enough to ensure the teams play the remaining number of games, suggesting Caf will understand since the pandemic has affected the whole world.

"At this stage, no team has an advantage over another as none have been training and the league needs only a maximum of six weeks to be concluded once a date for resuming matches has been set," the KPL statement continued.

"Covid-19 has affected all members under Caf’s jurisdiction and with its competition also likely to stretch beyond previously scheduled end dates, Caf is in a position to understand delays by its members to end their leagues.

"This remains our position and it is our wish that this is also communicated to Caf."


  

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