The Sports Disputes Tribunal (SDT) has dismissed a preliminary objection filed by the Kenya Rugby Union (KRU) that sought to block a case brought by Ngong Warriors Rugby Club over access to the union’s financial records.
KRU, through Olendo, Orare & Samba Advocates LLP, had argued that the Tribunal lacked jurisdiction, citing Clause 11.1.1 of its constitution, which it claimed gave exclusive original jurisdiction to its Appeals Council.
The union accused Ngong Warriors of bypassing internal dispute mechanisms and abusing due process.
Ngong Warriors, represented by Waqo, Kamwana & Monda Advocates, countered that Section 58 of the Sports Act expressly empowers the Tribunal to hear sports-related disputes, especially where internal remedies are ineffective or biased.
The club argued that no decision had been made on its request for access to audited accounts, sponsorship contracts, payrolls, and tournament budgets, leaving nothing to appeal internally.
In its ruling, the Tribunal chaired by Benard Wafula Murunga, with member Allan Mola Owinyi concurring, held that statutory law under the Sports Act overrides internal constitutions of sports organizations.
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The panel ruled that KRU’s internal mechanisms could not oust the Tribunal’s jurisdiction, noting that allowing federations to declare their own decisions “final” would undermine accountability and access to justice.
“The Tribunal has to reject the argument by Kenya Rugby Union especially when it states that there can be exclusion of the Tribunal’s involvement. That is not the architecture of the three-tiered sports disputes resolution system,” the ruling stated.
However, the Tribunal directed KRU to issue a formal determination on Ngong Warriors’ request for financial documents by September 3, 2025, at noon.
Should Ngong Warriors be dissatisfied, they must appeal to KRU’s Appeals Council within 48 hours. The Appeals Council must conclude the appeal by September 15, 2025.
The matter will be mentioned before the Tribunal on September 16, 2025, to confirm compliance. No orders as to costs were made.
