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DAVE COLLINCE & MAURICE OTIENO SUING AS OFFICIALS OF MUHORONI YOUTH FOOTBAL CLUB V. NICK MWENDWA, ROBERT MUTHOMI SUED AS REPRESENTATIVES OF FOOTBALL KENYA FEDERATION & KENYA PREMIER LEAGUE

(2018) JELR 102871 (CA)

Court of Appeal  •  Civil Application 9 of 2018 (Ur 8/18)  •  26 Jul 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Mohammed Abdullahi Warsame, Kathurima M'inoti

Judgement

RULING OF THE COURT

The applicant, Muhoroni Youth Football Club, which is represented in these proceedings by Dave Collince and Maurice Otieno, respectively its secretary and treasurer, is a registered society under the Societies Act. The 1st respondent, the Football Kenya Federation (FKF), similarly represented in these proceedings by its Chairman Nick Mwendwa and its Secretary, Robert Muthomi, is an affiliate of both the world football governing body, the Fédération Internationale de Football Association (FIFA) and the regional football body, the Confederation of African Football (CAF), and is the body recognised by FIFA to run and manage football in Kenya. For its part, the 2nd respondent, the Kenya Premier League (KPL), is a private company that owns and manages the professional top tier football league in Kenya known as the Kenya Premier League. Pursuant to a memorandum of understanding between FKF and KPL, the former granted the latter the exclusive rights to own, organize, run a…

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