The Sports Dispute Tribunal ruled in favor of Sydney Wahongo, a player for Gor Mahia FC, awarding him Sh2.8 million in salary arrears. The tribunal's decision, entered on March 31, 2026, included costs. Wahongo had claimed that he was not paid his full salary, leading to the dispute. He was employed by Gor Mahia on a contract as a footballer, earning a gross salary of Sh80,000 exclusive of allowances. The Sh2.8 million consisted of Sh1 million for unpaid salary and Sh1.8 million for the unexpired term of his employment contract.
Gor Mahia FC attempted to challenge the tribunal's decision in court, filing a petition before Justice Jacob Gakeri. The club argued that the Sports Disputes Tribunal did not have jurisdiction over employment disputes under the Sports Act. However, Justice Gakeri ruled that the Sports Disputes Tribunal is a judicial body with jurisdiction to hear and determine sports-related disputes. The court declined to strike out the tribunal's decision, citing that it was not persuaded that the decisions of the tribunal are challengeable by way of a petition.
According to Sydney Wahongo, Gor Mahia FC voluntarily submitted itself to the Tribunal's jurisdiction by filing a Memorandum of Response and Counterclaim. Wahongo stated that the club neither objected to the proposed forum indicated in the demand letter nor asserted that the Sports Disputes Tribunal lacked jurisdiction to determine the dispute. He termed the Petition as an afterthought intended solely to avoid compliance with the Tribunal's Judgment.
Expert opinion from George Mutuli, an Advocate of the High Court of Kenya and Legal Advisor to the Football Federation for Africa (FFA), highlights that professional sports employment contracts possess unique structural, regulatory, and institutional characteristics. These contracts are governed simultaneously by domestic employment law, international sports regulatory instruments, and the rules and regulations governing the sport. Mutuli emphasized that resolving disputes arising from professional football employment contracts requires interpreting and applying domestic legislation together with FIFA regulations and established international sports jurisprudence.
The Sports Dispute Tribunal's jurisdiction was a key point of contention in the case. Gor Mahia FC argued that the tribunal did not have the authority to hear employment disputes, while Wahongo maintained that the tribunal had jurisdiction to determine the dispute. The High Court ultimately upheld the tribunal's decision, ruling that it had jurisdiction to hear the case.
The case highlights the complexities of employment disputes in professional sports. According to Mutuli, disputes arising from professional player contracts possess unique characteristics governed not only by the Employment Act but also by specialized sporting regulations, including the FIFA Regulations on the Status and Transfer of Players (RSTP). These regulations regulate contractual stability, just cause, sporting sanctions, and compensation principles unique to professional football.
The court's decision has significant implications for Gor Mahia FC and the player, Sydney Wahongo. The club has been ordered to pay Wahongo Sh2.8 million in salary arrears, a decision that must be complied with. The case also underscores the importance of understanding the jurisdiction of sports tribunals and the complexities of employment disputes in professional sports.
Key points
- - The Sports Dispute Tribunal awarded Sydney Wahongo Sh2.8 million in salary arrears. - Gor Mahia FC's attempt to challenge the tribunal's decision was unsuccessful. - The case highlights the complexities of employment disputes in professional sports.
