[2015] KEHC 5235 (KLR)
The court found that the applicant had properly approached the court for enforcement of the arbitral award, as the Independent Disciplinary and Complaints Committee lacked an internal enforcement mechanism. The respondents, despite being served, failed to respond or contest the application, leaving the applicant's...
Source-derived case information.
- Citation
- [2015] KEHC 5235 (KLR)
- Parties
- Applicant: Eugine Ambuchi Asike; Respondent: Sofapaka Football Club; Respondent: Kenyan Premier League
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 126 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Enforce Arbitral Award
- Outcome
- application allowed as prayed
- Legal Topics
- Enforcement of Arbitral Awards, Arbitration Act Application, Sports Contract Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eugine Ambuchi Asike
Applicant
Sofapaka Football Club
Respondent
Kenyan Premier League
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Enforce Arbitral Award
Legal Issues
- 1 Whether the arbitral award by the Independent Disciplinary and Complaints Committee can be enforced as a decree of the court.
- 2 Whether the applicant is entitled to be declared a free agent and released from contractual obligations with the 1st respondent.
Ratio Decidendi
The court found that the applicant had properly approached the court for enforcement of the arbitral award, as the Independent Disciplinary and Complaints Committee lacked an internal enforcement mechanism. The respondents, despite being served, failed to respond or contest the application, leaving the applicant's facts unchallenged. The court was satisfied that the requirements for enforcement under the Arbitration Act were met and that the applicant was entitled to the orders sought, including recognition of the termination of the contract and his status as a free agent.
Court Disposition
application allowed as prayed
Orders
- Leave is granted to the applicant to enforce the final award made on 20th January, 2015 by the Independent Disciplinary and Complaints Committee as a decree of the court.
- The contract between the applicant and the 1st respondent is confirmed as terminated as of 5th January, 2015.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLENOUS CIVIL APPLICATION NO. 126 OF 2015
IN THE MATTER OF THE ARBITRATION ACT NO. 4 OF 1995
AND
IN THE MATTER OF THE KENYAN PREMIER LEAGUE CONSTITUTION
AND
IN THE MATTER OF ARBITRATION ON AN ARBITRATION
AND
IN THE INDEPENDENT DISCIPLINARY AND COMPLAINTS COMMITTEE
BETWEEN
EUGINE AMBUCHI ASIKE....................................PLAINTIFF/APPLICANT
VERSUS
SOFAPAKA FOOTBALL CLUB
KENYAN PREMIER LEAGUE.....................DEFENDANT/RESPONDENTS
RULING
Before me is a notice of motion dated 24th March, 2015. The motion is brought under Articles 27(1), 28, 36 (1) and (2) 41(1), (2)(a) and (b), 43 (1) of the Constitution of Kenya, Section 1A, 2A, and 3A of the Civil Procedure Rules, Section 36 of the Arbitration Act, 1995 and Rule 6 of the Arbitration Rules, 1997, Article 33, 34 and 39 of the Kenyan Premier League Constitution. The Plaintiff seeks the following orders:-
That the Plaintiff be granted leave to enforce the final awards made on 20th January, 2015 by the Independent Disciplinary and Complaints Committee chaired by Professor Migai Akech, Advocate as a decree of this court.
That on the strength of the said ruling by the Independent Disciplinary and Complaints Committee, the contract in issue which was terminated by the Plaintiff on 5th January, 2015, be confirmed as terminated on 5th January, 2015 and the Plaintiff be declared a free agent and/or be freed from contractual obligations with the 1st Defendant and be allowed to train with any other team he so wishes to, within and outside the Republic of Kenya pending inter parties hearing of this application.
It was averred that the Parties herein submitted themselves to the jurisdiction of the Disciplinary Committee of Kenya Premier League following a dispute between the parties. The Committee issued a ruling on 20th February, 2015 which ruling the Plaintiff alleges that the Respondents have refused to comply with, occasioning this application.
I have given due consideration to the depositions herein. The decision of the Committee was to the effect that the 1st Respondent do issue the Plaintiff with a letter releasing him from all contractual obligations and engagements by the 27th February, 2015 and the 2nd Respondent does ensure compliance by the 1st Respondent with the orders and directions from the Independent Disciplinary and Complaints Committee. Considering that there is no means of enforcing the order of the Committee in the Committee's constitution, the Plaintiff has properly approached this court. Despite being served with this application, the Respondents have failed to respond to it in any manner. The facts herein are therefore uncontroverted. That being so, I allow the application as prayed.
Dated, Signed and Delivered in open court this 22ndday of April, 2015.
J. K. SERGON
JUDGE
In the presence of:
…………………………………………………………………………….for the Plaintiff
……………………………………….........…………………………for the Defendant