The Kenyan High Court has dismissed a petition by Gor Mahia FC to stop payment of Sh2.8 million awarded to player Sydney Wahongo as salary arrears. The Sports Dispute Tribunal had made the award on March 31, 2026. Gor Mahia FC had sought to have the tribunal's decision struck out, citing that it contradicted the Constitution. However, Justice Jacob Gakeri ruled that the tribunal had jurisdiction to hear and determine sports disputes.
According to Sydney Wahongo, he was employed by Gor Mahia on a contract as a footballer, earning a gross salary of Sh80,000 exclusive of allowances. Wahongo alleged that he was not paid his full salary and claimed the Sh2.8 million, consisting of Sh1 million for unpaid salary and Sh1.8 million for the unexpired term of his employment contract. The Sports Disputes Tribunal had allowed his claim, prompting Gor Mahia FC to file a petition before Justice Gakeri.
Gor Mahia FC argued that the Sports Tribunal did not have jurisdiction over employment disputes under the Sports Act. They claimed that parties to a dispute cannot grant a tribunal jurisdiction where the Constitution and the law have granted jurisdiction to another forum. The club sought orders quashing the Tribunal's decision and having the matter placed before the Employment and Labour Relations Court.
However, Justice Gakeri ruled that the Sports Disputes Tribunal was a judicial body with jurisdiction to hear and determine sports disputes. The court found that Gor Mahia FC had voluntarily submitted to the Tribunal's jurisdiction by filing a Memorandum of Response and Counterclaim. Wahongo argued that the Petition was an afterthought intended 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, noted that professional sports employment contracts possess unique characteristics governed by domestic employment law, international sports regulatory instruments, and the rules and regulations governing the sport. Mutuli stated that resolving disputes arising from professional football employment contracts requires interpretation and application of domestic legislation together with FIFA regulations.
The dispute highlights the complexities of sports employment contracts and the jurisdiction of various bodies in resolving such disputes. According to Wahongo, disputes arising from professional player contracts possess unique characteristics governed not only by the Employment Act but also by specialised sporting regulations, including the FIFA Regulations on the Status and Transfer of Players.
With the High Court's dismissal of their petition, Gor Mahia FC is now required to pay Sydney Wahongo the awarded Sh2.8 million in salary arrears. The case demonstrates the importance of understanding the jurisdiction of various bodies in resolving sports disputes and the complexities of sports employment contracts.
Key points
- The High Court of Kenya has dismissed a petition by Gor Mahia FC to stop payment of Sh2.8 million awarded to player Sydney Wahongo as salary arrears.
