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CAS overturns a two-year suspension on a Kenyan footballer, citing FKF's failure to investigate or provide evidence.
The Court of Arbitration for Sport (CAS) has ruled in favor of former Mathare United center-back Lennox Ogutu.
Ogutu had been suspended for over two years, but now the court sitting in Geneva, Switzerland, has lifted the suspension, allowing him to return to playing the beautiful game.
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The former Nairobi City Stars player had been suspended by the Football Kenya Federation (FKF) in February 2023 over match-fixing allegations – a case that CAS later described as a denial of justice due to FKF’s inaction.
"We welcome this award by CAS. Too many players do not have an efficient access to justice due to the malfunctioning of football federations’ internal justice systems, hence this award serves as a reminder that football federations must respect legislation and players’ fundamental rights," said FIFPRO Senior Legal Counsel Loïc Alves.
Ogutu’s suspension was imposed by the past FKF regime reportedly without any formal hearing or evidence-sharing process.
Despite sending multiple letters between July 2023 and March 2024 seeking updates from the FKF, Ogutu received no response.
The one that came was sent informally via WhatsApp and asked to appear before the federation’s investigation officer.
However, even after that summons, no further steps were taken by FKF to resolve the case.
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In September 2024, Ogutu, through his legal team, officially appealed to CAS after FKF failed to present any case files or evidence.
CAS ruled that the Ogutu's indefinite suspension violated FIFA Disciplinary Regulations, which only allow a provisional suspension of up to 90 days.
"This CAS award is an important milestone for players in Kenya and the surrounding region and can serve as a strong basis to improve the current investigation and adjudicatory procedures of the FKF," said KEFWA president James Situma.
CAS found that the FKF's prolonged inaction constituted a "denial of justice" and ruled that the two-year delay in making a decision was excessive and unlawful.
The court emphasized that such a breach could now entitle affected players to financial compensation, setting a precedent for similar cases worldwide.
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