Former AFC Leopards goalie suffers setback in demanding 3.7 Million

Former AFC Leopards goalkeeper John Busolo has lost a bid to claim Ksh3.7 million compensation from the FKF Premier League side.

The former goalkeeper suffered a setback following a verdict reached by the Employment and Labour Relations Court presided over by Judge James Rika.

John Busolo was entitled to Ksh100,000 monthly and was also set to enjoy a bonus of Ksh10,000 for every match won.

According to the court documents, the former Ingwe goalkeeper was promoted to goalkeeping coach in 2016. However, in his suit, he argued that his contract was terminated immediately after.

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The former keeper further indicated in his suit that he had not received his dues for several months before he was dismissed.

"On April 4 2016, barely four months into the contract, the Head Coach told the Claimant that he was not going to continue working with him. The coach hired his own goalkeeper trainer. The Claimant was relegated to the training of the Youth Team, contrary to his contract," read part of the court document.

"On 8th July 2016, his salary had not been deposited in his bank account. He called the Respondent’s Secretary-General, who informed him, that his contract had been terminated.  He was advised to visit the Respondent’s Head Office and collect his termination letter."

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Following the disagreement with Ingwe's management, Busolo indicated in the court documents that he was seeking Ksh200,000 for two months salary, Ksh360,000 salary arrears between January 2016 to June 2016, Ksh90,000 in house allowance, Ksh60,000 unpaid win bonus, Ksh1.8 million anticipatory salary for remainder of the contract and Ksh1.2 million 12 months’ salary in compensation of unfair termination.

Moreover, Busolo wanted his former side compelled to give him a certificate of service, interest and cost of the suit.

In response to the suit, Ingwe told the court that Busolo deserted duty at the club. Further, they explained that Busolo was not employed as a goalkeeper trainer as stated in his suit.

Ingwe thus pleaded with the court to dismiss the suit against the FKF Premier League Club.

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The ruling came in favour of Ingwe as the Judge capitalized on a clause in his contract to dismiss the case. Judge Rika disclosed that a clause in his contract stated that all disputes should be resolved at the management level and later resolved by the Football Kenya Federation (FKF).

The Judge went ahead to indicate the Labour Court did not have jurisdiction to hear and determine the matter.

"Any dispute that is not resolved under [a] or [b] above, shall be settled by Arbitration, in accordance with the Arbitration Act 1995, Laws of Kenya, or any statutory modification or re-enactment thereof for the time being in force, or in accordance with FIFA Regulations," read part of the court documents.

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However, the Judge noted that Busolo raised genuine concerns regarding his contract but through the wrong avenue.

"The Claimant has shown through his pleadings, documents and evidence, that he has genuine grievances against the Respondent, but has applied for redress before the wrong dispute settlement forum."

"The Claimant ought to place his Claim, before the agreed dispute resolution forum."

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