Court dismisses Agai Mixed application in schools football dispute

A court has dismissed an application by Agai Mixed Secondary School against Kisumu Boys High School Chief Principal Austine Muma, dealing another blow to the legal battle stemming from the disputed schools football championship.

The ruling leaves the dispute within the schools’ sports disciplinary system, with the court holding that the available internal dispute resolution mechanisms should be exhausted before judicial intervention is sought.

Agai Mixed had argued that Muma, in his capacity as Chief Principal of Kisumu Boys High School, could influence the sports disciplinary proceedings and interfere with the independence of the jury.

The school also claimed that the jury had failed to issue a determination on its original complaint.

However, the court found that the sports jury had already delivered a written decision to the parties.

Following the ruling, Agai Mixed exercised its right of appeal under the competition regulations, challenging the jury’s findings through the prescribed appeals process.

The court said the existence of the written decision undermined Agai Mixed’s argument that no verdict had been issued.

It added that the dispute remained subject to the established disciplinary procedures governing school sports competitions.

The court dismissed the application and directed Agai Mixed to return to the sports jury and comply with the directives contained in Part C of its earlier decision.

The ruling reinforces the principle that courts should generally refrain from intervening in disputes that fall within the jurisdiction of specialised disciplinary bodies until the available internal processes have been completed.

For Kisumu Boys High School, the decision represents a legal victory as the court made no finding to support allegations that Muma had improperly influenced the disciplinary process.

The judgment also requires Agai Mixed to continue pursuing its grievances through the appeals mechanisms provided under the competition rules rather than through parallel court proceedings.

The football championship dispute has attracted significant public attention and is expected to continue within the sports adjudication system, where the remaining issues will be determined under the governing regulations.