Football Kenya Federation (FKF) vice chairman Robert Asembo with the federation supporters addressing journalist outside milimani law courts building after court allowed to continue running league matches, pending the decision by court as to whether two former officials seeking to be enjoined in the suit brought against Kenya Premier League (KPL) is determined at Milimani law courts on Thursday 5 March 2015.
BY SAM ALFAN.
Kenya Premier League directors escaped jail after the court found that they were nor properly with with order requiring them not conduct leagues match.
Justice Roselyne Aburili said in her ruling that the court process server did not in his affidavit of service provide details on how served the directors.
“The court is not satisfied that indeed service was effected as required by law” the judge said
Justice Aburili further held that Football Kenya Federation (FKF) chose to pursue KPL officials and left out two other defendants who were jointly sued by the football body.
The court found that in view that defendants were not aware of the court order by 21 February when it conducted the league they cannot be held for contempt.
Justice Aburiri said contempt proceeding are criminal nature and a person seeking to have a body corporate directors jailed for disobeying the same must prove beyond reasonable doubt that there was disobedience of the court order.
The judge consequently discharged KPL directors from being cited for contempt and possibly being sent to jail.
The court however extended order barring KPL from conducting the league matches until the pending suit is heard determined.