Bandari FC Ordered to Pay Former Player Douglas Mokaya Ksh1 Million Over Breach of Contract .
29th April 2024
In his petition filed in August 2023, the midfielder demanded over Ksh2 million.
- Bandari FC has been instructed to pay Mokaya one month’s salary in lieu of notice of termination being Ksh81,000.00
- The FKF Premier League side has also been directed to pay Mokaya Ksh15,677.00 for the six (6) days worked in July 2023 before his contract was unlawfully terminated.
The Sports Disputes Tribunal has ordered Bandari Football Club to pay its former player Douglas Mokaya Ksh1,068,677 over breach of contract.
According to the ruling delivered by the Sports Tribunal, Mokaya was axed from the Dockers without following due process.
"The view on the need for compensation following the breach as in these circumstances is further anchored under our domestic labor laws, wherein Section 41 of the Employment Act 2007 demands that the termination of a contract of employment in the circumstances of the Claimant would have necessitated a suitable notification with reasons before termination on the part of the Respondent. This did not happen," the tribunal remarked.
"As such, we find the Respondent culpable for the breach of the contract with the Claimant and direct the Federation to apply and enforce suitable sanctions against the Respondent," the Sports Tribunal noted.
In the verdict, Bandari FC has been instructed to pay Mokaya one month’s salary in lieu of notice of termination being Ksh81,000.00.
The FKF Premier League side has also been directed to pay Mokaya Ksh15,677.00 for the six (6) days worked in July 2023 before his contract was unlawfully terminated.
"The Respondent does pay the Claimant the sum of Kshs. 972,000.00 being the equivalent of twelve (12) months’ pay," Sports Tribunal ordered.
"There shall be simple interest on the sums awarded in (i), (ii) and (iii) above until payment in full," it added.
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Mokaya moved to the Sports Tribunal after his contract was terminated unlawfully. Mokaya who now plays for Bidco United, indicated that he learnt of his axing through former club captain Michael Wanyika.
In his petition filed in August 2023, the midfielder who joined Bandari in 2022 From Kariobangi Sharks demanded over Ksh2 million.
"That the Respondent be compelled to pay Kshs. 2,021,885.00 to the Claimant being compensation for premature termination of employment contract equivalent to the value of the unexpired term of the contract," part of his suit read in part.
During the cross-examination, Mokaya argued his case and Bandari failed to provide relevant evidence to overturn the decision.
Bandari Football Club and Mokaya could present one witness each who informed the Sports Tribunal of the final decision on compensation.
Bandari risks facing sanctions if it fails to honor the directives issued by the Sports Tribunal.