Strathmore Leos, Blak Blad set for battle as KRU Appeal Council quash walkover decision

The Kenya Rugby Union Appeal Council has quashed the decision to hand Blak Blad a walkover in their rescheduled Kenya Cup clash against Strathmore Leos, ruling that the match between the two sides shall now be played at a later date that will be confirmed.

Strathmore Leos had appealed the walkover decision after accusing Kenyatta University’s Blak Blad of engaging in politics when they refused to play the rescheduled league game on 28 January 2023 in order to receive a walk over.

Initially, Blad were set to play Leos back on 17 December 2022 but Leos sought for the match to be postponed at the time owing to their involvement in the Eastern Africa University Games that took place in Uganda.

According to official documents seen by Mozzart Sport, Kenyatta University had agreed to postpone their league clash alongside their Eric Shirley Shield (ESS) fixture after coming into an agreement with Leos, only for them to back out of the deal last minute.

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“It is our unanimous finding that there was an agreement to have the game postponed and that Leos were entitled to have legitimate expectations that in dealing with the Kenyatta University Sports Director, they had no reason to doubt her apparent and ostensible authority to represent Blak Blad on the matter,” the Appeal Council ruled on the validity of the postponement agreement.

“On this issue we reiterate the findings above that the agreement to postpone was valid. It therefore follows that the reasoning of the League & Fixture Committee that the correspondence was null and void since the appellants communicated with Dr Gitau and not the club’s official is untenable.

The L&FC did not call the parties to give submissions and what is apparent is that the appellant was condemned unheard which is contrary to the universal right to a fair hearing that is not only captured under Art 47 of the Constitution of Kenya but also enshrined under the provisions of the Fair 13 Administrative Action Act and the World Rugby Statues,” the Council ruled in quashing the walkover decision.

“It is thus our unanimous finding that the decision of the L&FC was not just or proper and must be vacated,” added the ruling signed by Edward Rombo and Andrew Musangi, KRU’s Appeal Officers.

DETERMINATION

Upon hearing the parties and given the findings detailed above, we determine and make orders as follows:

1. The decision of the Leagues & Fixtures Committee made on 19-01-23 to award a walkover to Blak Blad RFC is quashed.

2. The match between Blak Blad and Strathmore Leos shall be played on a date to be determined by KRU.

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