Veteran football administrator Sam Nyamweya has petitioned the High Court to suspend the KSh.9 million compensation awarded to renowned sports journalist Omulo Okoth in a five-year defamation suit.
Nyamweya, the former President of Football Kenya Federation (FKF), has already instructed his legal team to challenge the judgment pronounced on July 30.
Justice Lucy Njuguna, of the Civil Division at Milimani in Nairobi, has certified Nyamweya's application as urgent.
The warring parties have been directed to get a hearing date from the registry on a priority basis.
Omulo Okoth had sued Nyamweya along with the FKF and its two former officials, Michael Esakwa and Robert Asembo. A local publication, The Weekly Citizen, was the third defendant.
In his sworn affidavit, Nyamweya said his lawyers had taken the necessary steps to challenge the judgment since Omulo Okoth may enforce the disputed court award. Further, the intended appeal was at risk of being rendered an academic exercise, he had argued in court papers.
"There exists special circumstances and unique requirements in the present case involving defamation by non-natural persons, public institutions, and public interest in light of the amount awarded," Nyamweya said in his affidavit as obtained by Goal.
The soccer supremo said the intended appeal had high chances of success but was likely to be short-circuited by a denial of temporary stay.
Nyamweya pleaded he and his co-defendants stood to suffer substantial financial loss if the execution was not stopped. They were apprehensive that Omulo Okoth will be unable to refund the money should the intended appeal succeed.
Nyamweya said they were willing to abide by any conditions imposed by the court to facilitate the exercise of their right of appeal.
"Omulo Okoth will not suffer any prejudice" Nyamweya added.
The administrator is currently in the race for the Football Kenya Federation (FKF) top seat.
He will, however, receive stiff competition from incumbent Nick Mwendwa, former Council for East and Central Africa Football Associations (Cecafa) Secretary-General Nicholas Musonye, former FKF Deputy Chief Executive Officer (CEO) Herbert Mwachiro, Gor Mahia CEO Omondi Aduda among others.
The FKF Electoral Board has set September 19 and October 17 as the dates for the county and national elections respectively, but the move has been challenged in court by aspirants who insist the Board has no legal mandate to oversee the process.
