The Senate Majority leader Kericho Senator Aaron Cheruiyot has faulted a decision by High Court judge Lady Justice Janet Mulwa which issued Ex Parte orders prohibiting Football Kenya Federation from holding any AGM of the Federation.
Senator Cheruiyot noted that such an order was likely to chaperone Kenya into a FIFA ban and some of the consequences will be the loss of rights for Kenya in hosting the 2027 AFCON.
In a statement on his X social media handle, Cheruiyot, who is also the Co-captain f the parliamentary football team Bunge FC wondered why in the case of such a technical issue like the disputed election process at FKF, the judge would issue Ex Parte orders and set the next hearing date to October when the elections are already looming.
“On this FKF debacle, our courts will safely chaperone us into a FIFA ban, complete with all the attendant consequences, including loss of AFCON hosting. On such a technical issue as the disputed election process, why would a judge issue Ex Parte orders and set the next hearing date to October? Does she understand the consequences of her orders? As a fan of local football, this doesn’t sit well with me,” Cheruiyot said.
The senator asked the Judicial service commission and Chief Justice Martha Koome to guard the judiciary against such abuse of privilege by judges after the orders were issued on 30th July with the next hearing date set for 7th October, 2024.
Justice Mulwa issued the orders in the case of Milton Nyakundi Versus Football Kenya Federation and Nicholas Mwendwa and 14 others where the plaintiff obtained orders to stop the FKF AGM that was set to be held in March 2024.
“In the interim, the Respondents are hereby prohibited from calling any AGM of the Federation or doing any act on behalf of the federation as prayed for in the motion pending hearing of the application. These orders shall remain in force upto 7/10/2024, unless otherwise varied by a court order.” Justice Mulwa ruled.
Senator Cheruiyot noted that the judiciary’s actions could lead to severe consequences for Kenyan football and issuing the Ex Parte orders occasioning delays in the election process may jeopardize the preparations to host the 2027 AFCON.
