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ELRCOtherPetition dated 20th November 2023· [2025] KEELRC 821 (KLR)

Lumumba v Football Kenya Federation; Zoo Football Ltd (Interested Party) (Petition E009 of 2023) [2025] KEELRC 821 (KLR)

Employment and Labour Relations Court
7 March 2025
AMAnna Ngibuini Mwaure
3,642 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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The Employment Court ruled it can hear a suspended football official's case because Football Kenya Federation's internal dispute process stalled for two years.

What this practically means

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Executive summary

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The Petitioner filed a petition dated 20th November 2023 challenging the Respondent's (Football Kenya Federation) Decision/Directive of 13th January 2023 suspending him on allegations of match-fixing. He sought declarations that his rights to fair hearing (Article 50), fair administrative action (Article 47) and non-discrimination (Article 27) were infringed, an order of permanent injunction restraining the Respondent from giving effect to the decision, general damages and costs. The Respondent filed a notice of preliminary objection dated 11th November 2024 contending that the Petitioner had failed to exhaust the internal dispute resolution mechanisms under the FKF Constitution (Articles 67(2), 69(5), 70(2)) and the Rules and Regulations Governing Kenyan Football, 2019, and that the petition was an abuse of process and ought to be struck out. Both parties filed written submissions. The court applied the Mukisa Biscuit definition of a preliminary objection, the exhaustion doctrine in Muthinja and the NASA case, and the residual-intervention jurisdiction recognised in Khaemba/Fleur Investments. It found that although the Respondent had an internal dispute mechanism, the process had not concluded: the Petitioner had been suspended on 13th January 2023 for an unspecified term pending investigations that remained incomplete two years later, despite his reminder letter of 13th July 2023, leaving him little chance of being heard. The court held it has jurisdiction over employment and labour cases where there is clear derogation and abuse of authority by alternative dispute resolution bodies, and dismissed the preliminary objection, with costs of the application in the cause.

Key legal issues

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Whether the ELRC has jurisdiction where the Petitioner has not exhausted the Respondent's internal dispute resolution mechanisms

Holding

The preliminary objection fails; the court has jurisdiction because the internal mechanism has stalled, with investigations incomplete two years after suspension despite a reminder letter, amounting to derogation and abuse of authority.

Reasoning

While the exhaustion doctrine requires recourse to internal mechanisms first (Article 159(2)(c)), courts retain residual jurisdiction to intervene in exceptional circumstances per Khaemba and Fleur Investments. Here the Petitioner was suspended on 13.1.2023 pending investigations which remain unconcluded despite a July 2023 reminder, giving him little chance of being heard; the court therefore holds jurisdiction exists where there is clear derogation and abuse of authority by ADR bodies.

p. 7

Legal principles established

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  • A court retains residual jurisdiction to intervene in an unexhausted internal dispute mechanism in exceptional circumstances, such as abuse, arbitrariness or failure of natural justice.

Court orders

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  1. 1.The Preliminary Objection dated 11th November 2024 is dismissed
  2. 2.Costs of the application to be in the cause
Jurisdiction invoked
Article 162(2) as read with Article 165 of the Constitution and Section 12(1)(h) of the Employment and Labour Relations Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Lumumba v Football Kenya Federation; Zoo Football Ltd (Interested Party) (Petition E009 of 2023) [2025] KEELRC 821 (KLR)", Case Analysis (2025). Petition dated 20th November 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/821/eng@2025-03-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.