2019 FKF Rules: What Court Ruling Means for Gor Mahia and Tusker

Gor Mahia, Tusker and Nairobi United might have to make tough squad choices following a High Court ruling directing the Football Kenya Federation (FKF) to revert to its 2019 rules as interim measures for the 2026/27 Premier League season.

The decision has brought the debate over the foreign-player quota, with the 2019 rules restricting clubs to five foreigners and the 2025 rules allowing seven.

Several clubs signed foreign players for the upcoming season to take advantage of the latter, but questions were raised about registration in the event the former applied.

Justice Dorah Chepkwony ordered that the new season continue under the 2019 FKF Rules and Regulations as an application challenging the legality of the 2025 regulations remains.

The judge chose not to decide the validity of the 2025 rules at this preliminary stage, commenting that to do so would ‘virtually decide the main petition beforehand.’

“The court therefore settled on the 2019 regulations as the interim framework while the petition is heard and determined,” the ruling states, according to reporting on the decision.

The rule will force those clubs that built their squads to take advantage of the foreign seven quota to reassess their entries.

Foreign Player Registration Quota Conflict

Gor Mahia, Tusker and Nairobi United are just a few of the clubs that have been quite active in the transfer market, signing foreign players for the 2026/27 season.

Recent reporting has singled out the near inevitability of a problem emerging for those clubs that have signed more than the five-player cap.

However, the problem is registration, not an automatic order to release the players.

According to the court, the decision does not require clubs to cancel the contracts of players 6 or 7 in the foreign player quota.

The first practical issue, therefore, is whether those players identified in excess of the 5-player ceiling can be registered to play in the Premier League while the 2019 framework continues to govern registration issues.

The 2019 FKF rule book is listed by FKF as the federation’s football regulation and can be obtained through its regulations portal.

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FKF Disputes 2025 Rule Validity

FKF has challenged the validity of the 2025 rules in the broader court case.

“The rules were legally ratified by its National Executive Committee and do not legally require the ratification of the General Assembly,” the federation said in court filings.

FKF has also expressed concern over the repercussions of prolonging the ambiguity for the clubs and the players who are already geared up for the new season.

“The ongoing court injunction forces us into a corner,” the federation said in its court submissions.

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Uncertainty Plagues Upcoming League Season

As for Gor Mahia, Tusker and Nairobi United, the foreign-player issue now rests on whether the FKF will adhere to the interim direction issued by the High Court.

The substantive case is still pending, which means clubs have to get ready for a new season where the rules about managing their squad and promotion/relegation could be subject to yet another change.

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FKF president Hussein Mohammed with the Harambee Starlets in Nairobi on July 25
PHOTO/Hussein