The start of the 2026/27 FKF Premier League season faces further delay after the High Court clarified that the status quo order issued in the Kariobangi Sharks appeal means the situation that existed before the Sports Disputes Tribunal (SDT) decision of August 10 must remain in place until further directions are issued on September 21.
In a clarification issued on August 31, Lady Justice Janet Mulwa said the order should be interpreted within the context of the entire tribunal decision and the appeal before the court.
The clarification followed an application by Football Kenya Federation (FKF), which sought guidance on the meaning of the status quo orders issued on August 25.
Justice Mulwa stated that the status quo order means “the situation obtaining on the ground, prior to the decision of the tribunal rendered on 10/8/2026, and disposal of the motion shall remain as it was then, pending further directions on disposal of the motion on 21/9/2026.”
The judge said the clarification was not a fresh injunction and did not introduce a new order but was intended to preserve the subject matter of the appeal pending determination of the application before the court.
She also directed all parties to comply with the order and warned that disobedience could attract penalties for contempt of court.
Relegation dispute
The dispute stems from Kariobangi Sharks’ challenge to FKF’s revised promotion and relegation regulations adopted in 2025.
The changes increased automatic relegation from two teams to three and abolished the playoff involving the team finishing 16th in the Premier League and the third-placed side in the National Super League (NSL).
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Kariobangi Sharks finished 16th in the 2025/26 FKF Premier League season with 38 points and were relegated alongside Sofapaka and Bidco United under the revised rules.
Migori Youth, 3K FC and Mombasa United earned promotion to the top flight.
The club challenged the regulations before the Sports Disputes Tribunal, arguing that the rules had not been properly adopted and required approval by the FKF General Assembly.
However, in a ruling delivered on August 10, the tribunal dismissed the case and upheld the validity of the revised regulations. The tribunal found that FKF’s National Executive Committee had the authority under the federation’s constitution to formulate competition regulations and that the General Assembly’s approval was not required.
The tribunal also held that the process leading to the adoption of the rules met the required threshold for public participation.
FKF Premier League Remains in Limbo
Following the tribunal defeat, Kariobangi Sharks moved to the High Court seeking to overturn the decision and preserve their place in the top tier.
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The court’s August 25 status quo orders immediately created uncertainty over the composition of the league and led to differing interpretations by the parties.
FKF later returned to court seeking clarification, leading to Justice Mulwa’s direction on Monday, August 31.
The ongoing legal battles have significantly disrupted plans for the new season.
FKF had initially scheduled the 2026/27 campaign to begin on August 22, but the disputes in Nairobi and Murang’a have prevented the season from kicking off as planned.
The federation has also challenged the High Court’s jurisdiction, maintaining that appeals arising from Sports Disputes Tribunal decisions should be handled by the Court of Arbitration for Sport in Lausanne, Switzerland.
The matter will return to court on September 21 when the High Court is expected to issue further directions on FKF’s preliminary objection and the substantive application filed by Kariobangi Sharks.
Until then, the position that existed before the tribunal’s August 10 ruling will remain in force.
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