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Gor Mahia emerges victorious as court overturns Sh2.2 million payout, citing jurisdictional issues in the disputed case involving Clifton Miheso.
Reigning FKF Premier League champions Gor Mahia have emerged victorious in a recent legal dispute with their former player Clifton Miheso.
The Employment and Labour Relations Court has ruled in favor of the club, quashing the Sh2.2 million payment that had been awarded to Miheso by the Sports Disputes Tribunal.
The decision came as a significant relief for the club and its chairman, Ambrose Rachier, who had vehemently opposed the Tribunal's jurisdiction in this matter.
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In a landmark judgment, Judge Byram Ongaya stated that the Sports Disputes Tribunal had exceeded its authority by attempting to mediate in the dispute between an employee and an employer, which was beyond its mandate.
"The Court returns that the Tribunal did not have jurisdiction to hear and determine the employment dispute as had been moved," declared Justice Ongaya as per Nation.
Ongaya highlighted Section 58(b) of the Sports Act, which clearly outlines the scope of the Tribunal's powers, and emphasized that the parties must agree to refer their dispute to the Tribunal for it to intervene.
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Miheso had initially approached the Tribunal, alleging that Gor Mahia had not paid his signing fee as stipulated in his contract and had also withheld a portion of his salaries and dues.
He had sought a total of Sh2,225,500 in compensation, along with claims of unfair labor practices.
Gor Mahia's objections to the Tribunal's jurisdiction were initially dismissed, leading to a lengthy legal battle.
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Ambrose Rachier, the club's chairman, asserted that the Tribunal had acted illegally by extending its authority beyond what was legally permissible.
He also argued that some of Miheso's claims were time-barred, as they had been raised several years after the alleged violations.
Rachier particularly opposed the claim for a signing bonus, arguing that it was invalid due to its late submission, over three years after the contract had been signed.
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Additionally, he contended that the claim for unpaid salaries from October 2020 to July 2021 was also time-barred, as it had been brought forward more than a year later.
Miheso countered these arguments by pointing out that Gor Mahia had not pursued an appeal against the Tribunal's decision.
Clifton Miheso had joined Gor Mahia in August 2019 from then National Super League side, Kenya Police, signing a two-year contract with the reigning champions.
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However, he later returned to Kenya Police two years later when the team secured promotion back to the topflight under the guidance of then-coach John Bobby Ogolla.
Gor Mahia has faced recurrent disputes with former employees over contractual matters in recent times.
In a similar case earlier this year, the club was expelled from the 2023/2024 Champions League campaign due to unpaid wages claimed by another former player, Sando Yangayay.
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Jules Ulimwengu and goalkeeper Adama Keita had also raised concerns about the club's failure to honor their financial obligations.
This pattern of disputes had previously led to repercussions for the club.
In 2021, Ugandan Shafik Batambuze, Tanzanian Dickson Ambundo, and coach Steven Polack took their grievances to FIFA, resulting in Gor Mahia being banned from signing new players until they settled their outstanding dues.
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21:52 - 07.12.2023
FKFPL Gor Mahia chairman Ambrose Rachier calls for fan restraint amid tribunal triumph
Gor Mahia chairman has welcomed SDT's suspension of penalties, allowing fans back while urging restraint and sportsmanship.
Despite the ban, Gor Mahia proceeded to make new signings, leading to Football Kenya Federation (FKF) being ordered to pay a fine of 6 million for approving these signings without FIFA's consent.
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