[2007] KEHC 2838 (KLR)

[2007] KEHC 2838 (KLR)

The court held that the parties, by their membership and agreement to be bound by the Kenya Football Federation Constitution and FIFA Statutes, are required to submit disputes to arbitration. There was no evidence that the plaintiffs had attempted to resolve the dispute through arbitration as mandated. The existence of an arbitration clause does not automatically oust the court's jurisdiction, but the court should not interfere where parties have contractually agreed to arbitrate unless there are exceptional circumstances such as breach of natural justice or risk of irreparable harm, which were not demonstrated in this case. Accordingly, the court invoked Section 6 of the Arbitration Act...

Citation
[2007] KEHC 2838 (KLR)
Parties
Plaintiff: Alfred Wekesa Sambu; Plaintiff: Daniel Shem Omino; Plaintiff: Alfred Wekesa Sambu (Legal Representative of the Kenya Football Federation); Plaintiff: Samson K. Nyamweya, Peter Omwando and Charles Onuonga (officials of Shabana Football Club); Plaintiff: Simon Mugo, George Gitau and Maina Waweru (officials of Kangemi United Football Club); Defendant: Mohammed Hatimy; Defendant: Titus Kasuve; Defendant: Jacob Odundo; Defendant: Mohammed Said; Defendant: Lenah Jemeli; Defendant: Peter Ochiel; Defendant: Aziz Mohammed; Defendant: Joseph Korir; Defendant: Gerald Chege; Defendant: Jamil Rahman; Defendant: Wycliff Ogutu; Defendant: William Nyongesa; Defendant: Sammy Joel Obingo
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 May 2007
Case Number
Civil Suit 1281 of 2006
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Injunction and Stay
Outcome
Application for injunction and court intervention dismissed; proceedings stayed pending arbitration; costs to defendants.
Judges
ARM Visram
Legal Topics
Arbitration Clauses, Jurisdiction of Court, Sports Governance Disputes, Injunctive Relief, Stay of Proceedings
Source Language
English
Civil Procedure Alternative Dispute Resolution Commercial and Corporate Arbitration Clauses Jurisdiction of Court Sports Governance Disputes Injunctive Relief Stay of Proceedings

Case Brief

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Parties

Alfred Wekesa Sambu

Plaintiff

Daniel Shem Omino

Plaintiff

Alfred Wekesa Sambu (Legal Representative of the Kenya Football Federation)

Plaintiff

Samson K. Nyamweya, Peter Omwando and Charles Onuonga (officials of Shabana Football Club)

Plaintiff

Simon Mugo, George Gitau and Maina Waweru (officials of Kangemi United Football Club)

Plaintiff

Mohammed Hatimy

Defendant

Titus Kasuve

Defendant

Jacob Odundo

Defendant

Mohammed Said

Defendant

Lenah Jemeli

Defendant

Peter Ochiel

Defendant

Aziz Mohammed

Defendant

Joseph Korir

Defendant

Gerald Chege

Defendant

Jamil Rahman

Defendant

Wycliff Ogutu

Defendant

William Nyongesa

Defendant

Sammy Joel Obingo

Defendant

Procedural Posture

Civil Suit / Ruling on Interlocutory Application for Injunction and Stay

Legal Issues

  1. 1 Whether the dispute between the parties should be referred to arbitration as per the Kenya Football Federation Constitution and FIFA Statutes.
  2. 2 Whether the existence of an arbitration clause ousts the jurisdiction of the High Court to grant injunctive relief.
  3. 3 Whether the plaintiffs have demonstrated exceptional circumstances to warrant court intervention despite the arbitration agreement.

Ratio Decidendi

The court held that the parties, by their membership and agreement to be bound by the Kenya Football Federation Constitution and FIFA Statutes, are required to submit disputes to arbitration. There was no evidence that the plaintiffs had attempted to resolve the dispute through arbitration as mandated. The existence of an arbitration clause does not automatically oust the court's jurisdiction, but the court should not interfere where parties have contractually agreed to arbitrate unless there are exceptional circumstances such as breach of natural justice or risk of irreparable harm, which were not demonstrated in this case. Accordingly, the court invoked Section 6 of the Arbitration Act...

Court Disposition

Application for injunction and court intervention dismissed; proceedings stayed pending arbitration; costs to defendants.

Orders

  • All further proceedings in this suit are stayed under Section 6 of the Arbitration Act.
  • The parties are directed to submit themselves to arbitration in accordance with the Kenya Football Federation Constitution.