Zoo FC accuse FKF of negligence, appeal decision by Leagues and Competitions Committee

Kericho-based Zoo FC have appealed the decision by the Football Kenya Federation Leagues and Competitions Committee regarding the FKF National Super League promotion playoff which was abandoned in the 85th minute following crowd trouble.

In the ruling, the match was awarded to Nairobi United on the basis of three points and two goals with Zoo getting docked three points in the previous campaign and three in the upcoming season in the Division One.

Further, Zoo have been fined Ksh 300,000 and ordered to play their next five sanctioned home matches behind closed doors.

Not contented with the ruling, Zoo have gone ahead to seek legal redress via the FKF Appeals Committee and want the entire decision by the Leagues and Competitions Committee put aside.

In the appeal, Zoo point out that the Leagues and Competitions Committee did not have jurisdiction over the matter as it was a disciplinary case, and thus should have been handled primarily by the FKF Disciplinary Committee.

"THAT in contravention of Article 48, 65 and 68 of the FKF Constitution and Rules 9.2.1, 9.2.3, 9.4.1 and 9.6.2 of the FKF Rules and Regulations Governing Kenyan Football, 2019 the FKF Leagues and Competitions Committee erred in law and in fact in making a finding on alleged Acts of Misconduct or Offences ascribed to the Appellant, its members, officials and or supporters, to wit breaches of Rules 9.3.3, 9.1.2.11, 9.1.2.12.1, 9.1.2.12.2, 9.1.2.12.5, 9.1.2.12.6, 9.1.2.12.7 and 9.1.2.12.8 of the FKF Rules and Regulations Governing Kenyan Football, 2019 which are Disciplinary matters that it lacked jurisdiction over and which were otherwise the exclusive preserve of the FKF Disciplinary Committee," part of the appeal read.

Further, the Herman Iswekha-coached side claim that Nairobi United failed to file a complaint on the same matter within the prescribed time, or at all.

Apart from that, Zoo are faulting the committee for hosting a high risk match in an open field and failing to designate fan zones and erecting barriers and fences around the playing pitch, terming it a failure and negligence by the organizer of the playoff, in this case FKF.

FKF slaps Zoo with sanctions over violence witnessed during abandoned playoff

"... in contravention of Rule 3.5.1 para.2 of the FKF Rules and Regulations Governing Kenyan Football, 2019, conducting a “High Risk” Play-off Match of a huge magnitude and importance and in an open field without a Pre – Event Meeting, despite knowing very well that the Appellant had many travelling fans and making Decision subject hereof against the Appellant occasioned by its failure and or negligence," another part of the appeal read.

Nairobi were leading 1-0 courtesy of Brian Lusamukhwa's goal in the playoff game staged at the Rift Valley Institute of Science and Technology but it wasn’t played to the final whistle thanks to violence and other acts of hooliganism.

The irate Zoo fans were captured assaulting the fourth official Kelvin Maina as well as Nation Media Group photojournalist John Njoroge, demanding that he deletes the photos he had captured during the physical confrontation.

Full appeal by Zoo FC

(An Appeal from the Ruling of the FKF Leagues and Competitions Committee of 11.8.2023 under Article 67.2 and 69.5 of the FKF Constitution and Rule 10.3.1 of the FKF Rules and Regulations Governing Kenyan Football, 2019.

MEMORANDUM OF APPEAL

The Appellant herein, ZOO FOOTBALL CLUB, hereby makes an Appeal against the entire Ruling of the FKF Leagues and Competitions Committee of 11.8.2023 on the following GROUNDS:-

1. THAT in contravention of Article 48, 65 and 68 of the FKF Constitution and Rules 9.2.1, 9.2.3, 9.4.1 and 9.6.2 of the FKF Rules and Regulations Governing Kenyan Football, 2019 the FKF Leagues and Competitions Committee erred in law and in fact in making a finding on alleged Acts of Misconduct or Offences ascribed to the Appellant, its members, officials and or supporters, to wit breaches of Rules 9.3.3, 9.1.2.11, 9.1.2.12.1, 9.1.2.12.2, 9.1.2.12.5, 9.1.2.12.6, 9.1.2.12.7 and 9.1.2.12.8 of the FKF Rules and Regulations Governing Kenyan Football, 2019 which are Disciplinary matters that it lacked jurisdiction over and which were otherwise the exclusive preserve of the FKF Disciplinary Committee.

2. THAT in contravention of Rules 10.1.1 to 10.1.10 of the FKF Rules and Regulations Governing Kenyan Football, 2019 the FKF Leagues and Competitions Committee and or the Respondent erred in law and in fact in failing to lodge a Complaint in respect of the subject Playoff Match, within the prescribed time or at all.

3. THAT in contravention of The Constitution of Kenya 2010, The Fair Administrative Actions Act No. 4 of 2015 and the Rules of Natural Justice, the FKF Leagues and Competitions Committee erred in law and in fact in making a decision without any lawful basis as it inter alia, ignored, refused declined and or failed to: -

a). provide the Appellant prior and adequate notice or otherwise inform the Appellant of the Charges preferred against it or its members, officials and or supporters,

b). accord the Appellant an opportunity to be heard and or make representation in response to the said Charges,

c). accord the Appellant reports, statements, submissions, information, materials and other evidence that were relied upon in making the decision and or that was necessary to assist the Appellant prepare for its defence,

d). accord the Appellant a notice of and or an opportunity to cross examine any witness who gave adverse evidence against it,

e). accord the Appellant an opportunity to request for an adjournment, where necessary to ensure fair trial,

f). consider or otherwise take into account all relevant and material facts and other considerations,

g). be impartial as it was a judge in its own cause in:

i. on an hour and a half notice and via WhatsApp, inviting the Parties hereto to an Virtual Investigatory meeting of 8.8.2023 but nevertheless making the decision subject hereof on account of the said investigations,

ii. deciding on security and fan management matters in a Play Off match, which are its sole responsibility as prescribed by Rules 2.9.8 and 2.9.10, respectively, of the FKF Rules and Regulations Governing Kenyan Football, 2019 despite having its members organizing the subject Play Off Match, conducting the its Pre match meeting and being present at the match thus being potential witnesses in any Disciplinary Matter akin the one subject hereof,

iii. in contravention of Rule 3.5.1 para.2 of the FKF Rules and Regulations Governing Kenyan Football, 2019, conducting a “High Risk” Play-off Match of a huge magnitude and importance and in an open field without a Pre – Event Meeting, despite knowing very well that the Appellant had many travelling fans and making Decision subject hereof against the Appellant occasioned by its failure and or negligence.

iv. Failing to designate fan zones and erecting barriers and fences around the playing pitch and making Decision subject hereof against the Appellant occasioned by its failure and or negligence.

4. THAT the FKF Leagues and Competitions Committee erred in law and in fact in making a decision that was also:-

a). an outright abuse of power and a bad precedent,

b). wanton abuse of discretion,

c). unreasonable and unfair,

d). made in bad faith malicious and biased,

e). premised on a procedure that was wrong and unfair.

5. THAT in acting ultra vires and in contravention of Articles 48, 65 and 68 of the FKF Constitution and Rule 10.1.10 of the FKF Rules and Regulations Governing Kenyan Football, 2019,the FKF Leagues and Competitions Committee erred in law and in fact in:-

a. ordering the Appellant to pay a fine, or

b. ordering the Appellant to pay a fine of kshs. 300,000/= which was inappropriate and or excessive in the circumstances, and,

c. awarding the FKF National Super League Promotion Playoff Match to the Respondent on a three (3) points – Two goals basis when there was no provision for such an Award or at all, and,

d. docking three (3) points from those already accumulated in the Appellants 2022 – 2023 League Season when there was no provision for such an Award or at all, and,

e. docking three (3) points from those not already accrued in the Appellants 2023 – 2024 League Season when there was no provision for such an Award or at all, and,

f. ordering the Appellant to play their first five (5) matches of the 2022 – 2023 FKD Men’s Division One fixtures behind closed doors, and,

g. finding that the Appellant had not raised concerns over the match venue when in fact its Chairman had so done via a telephone call to the FKF Head of Security, and,

h. without considering any evidence from the Appellant, finding that the Appellant’s Goal Keeper Trainer Mr. Richard Omboko, responsible for the behavior and actions of its fans, and,

i. without considering any evidence from the Appellant, finding that there was adequate security, and,

j. finding that the Appellant never raised concerns regarding the match venue in the Pre Match Meeting or before kick off when Rule 3.6.1 of the FKF Rules and Regulations Governing Kenyan Football, 2019,clearly stipulates what ought to take place in such a meeting and which does not include the said item,

AND THE APPELLANT prays:-

a). THAT this Appeal be allowed with costs to the Appellant.

b). THAT the entire Ruling of the FKF Leagues and Competitions Committee of 11.8.2023 be set aside.

c). THAT any other or further relief this Honourable Committee deems fit and expedient to grant.