The High Court has extended interim orders directing Football Kenya Federation (FKF) to include Mombasa United as the 18th club and permit it to participate in 2026/27 SportPesa Premier League.
Justice Francis Kyambia, sitting in Kiambu further directed FKF to file its reply to the application for conservatory orders and the petition by Centre for Litigation Trust (CLT) within three days.
CLT has sued FKF regarding the alleged exclusion of the club from the premier league.
At the same time, Kariobangi Sharks Football Club has filed an application seeking to be joined in the petition.
Kariobangi FC says it will be directly affected by the orders sought and that it is a necessary party to the petition whose presence is important in order to enable the court effectually and completely adjudicate and settle all questions in dispute.
Through its lawyer FKF told the court that it is yet to file a substantive response and that some of the issues raised are also pending determination in other cases.
The lawyer told the court that there are facts they intend to bring to court through an affidavit including an agreement on the issue of playoffs.
CLT through its lawyer told the court that they shall oppose the application by Kariobangi Sharks FC for joinder in the proceedings.
The court also heard that the petitioner was not a party to what had been alluded to (negotiations on playoffs) and that it (petitioner) had not been consulted.
Justice Kyambia also issued an order directing the petitioner to file its reply, within three days, to the application by Kariobangi Sharks FC for joinder.
In its petition, CLT says that FKF circular dated September 23 last year recorded formal National Executive Committee (NEC) decision abolishing the promotion and relegation playoffs program and providing automatic promotion for top three National Super League (NSL) clubs to 2026/27 Sportpesa Premier League.
It says that after a Sports Dispute Tribunal decision was made, FKF prepared a seven-page 18 club draft fixture where it included Mombasa United FC as part of the 18 clubs that were to participate in 2026/27 Sportpesa Premier League and in accordance with the NEC decision.
“Subsequent to the decision of the SDT, Kariobangi Sharks Football Club, which was one of the teams that was to be automatically relegated to the NSL by dint of FKF’s circular appealed wherein the status quo obtaining prior to the decision of the tribunal was ordered to remain in force in the interim,” part of the petition by CLT states.
It further says that following the decision, FKF announced that the 2026/27 Sportpesa Premier League would commence and published a 17-club composition omitting Mombasa United FC.
“Mombasa United FC was never consulted, heard or given opportunity to be heard or reasons before the respondent (FKF) implemented the decision to remove it from 2026/27 Sportpesa Premier League,” part of the case documents by CLT states.
CLT is seeking a declaration that FKF’s decision and conduct excluding Mombasa United FC from the 2026/27 Sportpesa Premier League without notice, reasons and an opportunity to be heard violate the constitution and Fair Administrative Action Act.
It is also seeking for an order compelling FKF to publish and implement revised 18-club fixtures including Mombasa United FC and permit it to participate pending conclusive determination of all proceedings capable of lawfully excluding it.
In the alternative, it wants an order directing FKF to reconsider league composition urgently through a lawful, reasoned, fair and proportionate process in which Mombasa United FC is heard, while preserving its place pending the process.
CLT argues that Mombasa United FC is a community-based club representing Mombasa and the wider coast region, supporting local football, youth development, employment and community identity.
It further says that on reliance on the official conduct of the respondent and the anticipated top-flight participation in the league, supporters and community groups began mobilization, membership, match attendance, travel and youth activities.
“Supporters and communities within Mombasa and coastal region organized themselves around the published standings and FKF 18 club draft fixtures and reasonably anticipated and had legitimate of a topflight club representing Mombasa and the coastal region, in particular Mombasa United FC,” the petition by CLT states.
According to CLT, independent supporters and community stakeholders reasonably relied on the official standings and FKF’s 18 club draft fixtures by organising support, and youth participation around the club’s expected topflight league participation.
“The exclusion of Mombasa United FC from participating in the 2026/27 Sportpesa Premier League deprives supporters and young footballers in Mombasa and the coastal region of equal participation, representation and confidence in a transparent national competition,” argues CLT in its petition.
CLT also wants an order issued quashing FKF’s post-ruling administrative decision to implement a final 17-club composition excluding Mombasa United FC.
In his affidavit supporting the petition, CLT Executive Director Julius Ogogoh says that a separate High Court proceeding produced a subsisting interim order affecting administration of the league.
Mr Ogogoh says that together with Mombasa United FC were not parties and were not heard.
“This petition does not appeal, review or seek disobedience of that order, it challenges FKF’s later administrative choice to impose complete exclusion without notice, reasons, hearing or temporary preservation arrangement,” states Mr Ogogoh.
CLT’s application and that of Kariobangi Sharks FC have been fixed for hearing on October 14.
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