- Lennox Ogutu was accused of match-fixing by the Football Kenya Federation (FKF), who imposed a provisional suspension on the player pending an investigation that lasted over two years
- After 18 months passed without a decision, the defender took his case to the Court of Arbitration for Sport (CAS)
- CAS ruled in favour of Ogutu, lifting his provisional suspension and ruling that FKF denied him justice
The Court of Arbitration for Sport (CAS) has ruled in favour of a Kenyan player who was accused of match-fixing by lifting a provisional suspension that lasted over two years – and in a landmark decision says it is now possible for players to claim financial compensation for such a breach.
Lennox Ogutu, when playing for Kenyan Premier League side Mathare United, was accused of match-fixing on February 2023 by the Football Kenya Federation (FKF), who imposed an immediate provisional suspension on the player pending an investigation. This provisional suspension was for an indefinite amount of time. Ogutu strenuously denied the allegations.
Despite sending multiple letters to the FKF seeking an update on the investigation and the status of the disciplinary proceedings, Ogutu and his legal team went over a year without hearing from the FKF, during which time the defender remained suspended. The FIFA Disciplinary Regulations stipulates that a provisional measure may only be imposed for a period of 90 days.
In March 2024, the federation broke their silence by reaching out to Ogutu – via WhatsApp – requesting he appear before the FKF Investigation Officer to "address the allegations" made against him, yet no follow-up was made and Ogutu’s provisional suspension continued.
After Ogutu and his legal team sent a further four letters to the FKF between March 2024 and August 2024, they took their case to CAS who ruled in favour of Ogutu – and said that the FKF never provided Ogutu with the case file or any evidence regarding the allegations made against him.
CAS highlighted that the FKF’s failure to deal with Ogutu’s disciplinary case constituted a denial of justice, that the prolonged inaction resulted in "an unjustified delay in issuing a decision" and that a duration of almost two years "exceeds the permissible duration of a provisional suspension".
CAS lifted the suspension and stated that such a breach could lead to financial compensation to be paid by a federation to an aggrieved player.
FIFPRO Senior Legal Counsel Loïc Alves said: "We welcome this award by CAS. Too many players do not have an efficient access to justice due to the malfunctioning of football federations’ internal justice systems, hence this award serves as a reminder that football federations must respect legislation and players’ fundamental rights."
James Situma, president of Kenyan player union KEFWA, said: "This CAS award is an important milestone for players in Kenya and the surrounding region and can serve as a strong basis to improve the current investigation and adjudicatory procedures of the FKF."
Ogutu said: "It is a true relief and the end of a long, unfair process that took me through strenuous mental and financial moments. I appreciate the support of KEFWA and FIFPRO and simply want to be able to work as a footballer."
