Mombasa United Football Club got a reprieve on Friday after the High Court in Kiambu issued temporary orders directing Football Kenya Federation (FKF) to include it as the 18th club and permit it to participate in 2026/27 SportPesa Premier League.
The court issued the orders pending hearing inter parties of an application for conservatory orders by a human rights organization-Center for Litigation Trust (CLT), which has sued FKF regarding alleged exclusion of the club from the premier league.
In its petition, CLT says that FKF circular dated September 23, 2025, recorded formal National Executive Committee (NEC) decision abolishing the promotion and relegation playoffs programme 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 has been fixed for hearing on September 29, 2026.
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