Fresh Setback for Kariobangi Sharks as Tribunal Rules on Relegation Case

The Sports Disputes Tribunal (SDT) has upheld the validity of the Football Kenya Federation (FKF) Rules and Regulations Governing Football (Revised 2025), dealing a major blow to Kariobangi Sharks attempt to avoid relegation from the FKF Premier League.

In a judgment delivered in Nairobi on Monday, August 10, 2026, the Tribunal dismissed two consolidated petitions filed by Kariobangi Sharks Football Club and Andrew Leif and Douglas Mokua against FKF.

The decision means the FKF National Executive Committee (NEC) resolution of September 19, 2025 remains in force.

It also means the end-of-season promotion and relegation playoff has been abolished, while Kariobangi Sharks’ relegation based on their 16th-place finish in the 2025/26 season stands.

The Tribunal said the 2025 regulations were “validly ratified” by the NEC and did not require approval from the FKF General Assembly.

What the Kariobangi Sharks Dispute Was About

The controversy centres on changes FKF made to its promotion and relegation system.

Under the earlier 2019 regulations, the bottom two Premier League teams were automatically relegated, while the team finishing 16th entered a playoff against the third-placed side in the National Super League (NSL).

The revised 2025 regulations changed the system to three automatic relegations from the Premier League and three automatic promotions from the NSL.

The change also removed the playoff between the 16th-placed Premier League club and the third-placed NSL team.

Kariobangi Sharks finished 16th in the 2025/26 Premier League with 38 points. Under the 2019 system, the club would have had another chance to retain its top-flight status through a playoff.

Instead, the 2025 regulations placed Sharks among the three teams facing automatic relegation.

The club challenged the decision, arguing that the new regulations had not been properly adopted and that they required approval from the FKF General Assembly.

Tribunal Says NEC Had Power to Make Rules

The latest judgment rejected the argument that the General Assembly had to ratify the revised regulations.

According to the Tribunal, Article 39(1)(i) of the FKF Constitution gives the NEC power to draw up regulations governing participation in and the staging of FKF competitions.

The Tribunal said General Assembly ratification was therefore not required for the regulations in question.

It also found that the NEC meeting held on September 19, 2025 was properly convened.

Article 38(3) of the FKF Constitution requires the agenda of an NEC meeting to be circulated at least seven days before the meeting. The Tribunal found that the agenda was sent on the night of September 12, seven days before the September 19 meeting.

The panel also gave greater weight to the official minutes of the meeting than to a later letter dated June 8, 2026 which suggested that the September deliberations had been inconclusive.

The minutes recorded 14 members as present and showed that the resolutions were passed by a “resounding majority.”

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Tribunal Rejects Public Participation Argument

Sharks had also argued that FKF did not conduct adequate public participation before introducing the new promotion and relegation system.

The Tribunal disagreed.

It found that FKF’s Leagues and Competitions Committee had invited members and stakeholders to submit views on the proposed league structure, including promotion and relegation criteria.

The engagement took place more than three months before the NEC made its decision.

The Tribunal applied the standard set by the Supreme Court in British American Tobacco Kenya PLC v Cabinet Secretary for the Ministry of Health & 2 others and concluded that the process was genuine rather than cosmetic.

It said the fact that a particular club did not participate in the process did not, by itself, invalidate the exercise.

The latest judgment follows a series of conflicting developments in the dispute.

In June 2026, the SDT temporarily stopped FKF from automatically relegating Kariobangi Sharks and from finalising the 2026/27 Premier League composition in a way that excluded the club. At the time, the Tribunal noted an earlier decision requiring FKF to use the 2019 regulations.

The June orders gave Sharks temporary protection while the Tribunal considered the substantive case.

The club had argued that FKF’s decision to abolish the playoff was contrary to the Tribunal’s earlier position and would unfairly condemn it to relegation.

That protection has now been removed after the Tribunal dismissed the petitions in their entirety.

Earlier SDT Ruling Had Declared 2025 Regulations Invalid

The latest decision has attracted attention because it conflicts with an earlier SDT judgment concerning the same regulatory framework.

However, the earlier ruling was not delivered last year. It was issued on March 6, 2026, in Nairobi United FC v Football Kenya Federation Leagues and Competitions Committee & another, Tribunal Case E010 of 2026, reported as [2026] KESDT 7 (KLR). Kenya Law lists the case as a Sports Disputes Tribunal judgment delivered on March 6, 2026.

In that matter, the Tribunal found that FKF had relied on the 2025 regulations when dealing with an abandoned Nairobi United-Gor Mahia match, even though those regulations had not been properly adopted for the relevant competition framework.

The Tribunal directed that the matter be considered under the 2019 regulations. Reports on the decision also stated that the Tribunal found the 2025 regulations had not been properly adopted because they had not received the required General Assembly approval.

That ruling became important in the Sharks dispute because the 2019 rules provided for a promotion-relegation playoff, while the 2025 rules removed it.

Why the Latest Ruling is Significant

The August 10 decision takes a different position on the question of whether General Assembly approval was necessary.

In the latest case, the Tribunal expressly held that the NEC had the constitutional authority to make the regulations and that General Assembly approval was not required.

It also found that FKF had met the public participation requirement.

This creates a significant legal contrast with the March 2026 decision.

However, the latest ruling was made in the consolidated Kariobangi Sharks and Andrew Leif cases and considered evidence concerning the September 19, 2025 NEC meeting, the consultation process and the specific challenge to promotion and relegation.

The Tribunal therefore concluded that the 2025 regulations remain valid and enforceable.

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Sharks Relegation Now Stands

The immediate effect is that Kariobangi Sharks’ 16th-place finish now results in automatic relegation under the 2025 framework.

Sofapaka and Bidco United, who also finished in the bottom three, are likewise set to drop to the NSL.

At the same time, the top three NSL sides including Mombasa United are set to move into the Premier League under the three-up, three-down system.

The traditional playoff between the 16th-placed Premier League club and the third-placed NSL team will not be held under the revised regulations.

High Court Case Keeps the Dispute Alive

Despite the SDT ruling, the wider legal battle is not over.

A separate petition filed by Evans Nduta remains before the High Court in Murang’a. The case challenges the legality and implementation of the same 2025 regulations.

The High Court has issued orders restricting FKF from implementing, giving effect to or relying on the disputed rules when determining promotion and relegation or constituting the 2026/27 competitions.

FKF has challenged the High Court’s jurisdiction and has moved to the Court of Appeal after Justice Dorah Chepkwony rejected its preliminary objection.

The High Court proceedings are continuing, meaning the SDT’s latest decision does not necessarily bring the entire dispute to an end.

FKF Releases New Season Fixtures

The legal dispute comes as FKF prepares for the 2026/27 Premier League season.

FKF has released fixtures for the new campaign, which is scheduled to begin on August 29-30, with defending champions Gor Mahia set to host Murang’a Seal and AFC Leopards facing Bandari.

However, the High Court dispute has created uncertainty over whether the league composition based on the 2025 regulations can proceed without further legal intervention.

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