Shabana FC has been reinstated to National Super League (NSL) by order of the Sports Disputes Tribunal (SDT) following a successful application by the club who argued that the decision by the Football Kenya Federation (FKF) to relegate it to the National Division One League had no justifiable cause.
In relegating the club, the FKF invoked its rules touching on clubs’ Failure to Play Matches which states:
A club which fails to honor three league matches in the same season without providing written explanations acceptable to the committee will be suspended for the rest of the season, will be relegated to a lower league for the next season and may face other disciplinary action.
FKF relegated the club, alongside Finlays FC after finding out the two had failed to honor more than three matches in the past season. However, the club argued that its failure to honor matches was occasioned by financial constraints which was communicated to the then federation.
The ruling delivered by Chairman John Ohaga termed it double standards to relegate the club to a lower league based on financial grounds and while at it, also stated that the club was not given a fair hearing by the federation.
“It is the Tribunal’s view that it is a double speak to relegate the team on financial grounds and yet allow it to play at division one matches,” said the Tribunal chairman, John Ohaga in his ruling.
“The respondent shall immediately reinstate the petitioner in the 2016 NSL league and shall provide it with such particulars that will be necessary to enable its compliance to participate in the said league,” read part of the ruling.
“The tribunal finds that the petitioner was condemned unheard and was not granted an opportunity to present its case for hearing or to respond to the accusations leveled against it.”
The federation has also been ordered to pay the petitioner’s costs.