Tusker FC have lost an appeal where they had claimed that Stephen Waruru and Lawrence Juma who have both joined Sofapaka and Gor Mahia respectively were their players
Tusker loses fight for Waruru, Juma as Sofapaka, Gor Mahia reap
By Zachary Oguda | Wed 31 Jan, 2018 16:45

The Football Kenya Federation (FKF) Players Status Committee has thrown out appeals by Kenyan Premier League (KPL) side Tusker FC in which they claimed ownership of Stephen Waruru and Lawrence Juma who were also being claimed by Sofapaka and Gor Mahia respectively.

Tusker protested the listing of the two by their KPL rivals, stating they had already inked deals with the Ruaraka based club in the current transfer window.

In a meeting held by the committee chaired by FKF Vice Chair Doris Petra on Monday 29 January at FKF House, Tusker claimed that Juma had signed a pre-contract with them in the presence of CEO Mr. Charles Obiny with assistant coach Francis Baraza acting as the player's representative.

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Procedure 

The committee however found out that Tusker did not follow the right procedure in acquiring the player. 

According to the committee, Tusker had not formally informed Juma's parent club Nzoia Sugar FC in writing and this was contravention of FIFA Article 18 (3) which states that; A club intending to conclude a contract with a professional must inform the player’s current club in writing before entering into negotiations with him. A professional shall only be free to conclude a contract with another club if his contract with his present club has expired or is due to expire within six months. 

On Waruru's case, the committee noted that the player was induced into signing for the 2016 KPL champions on pretence that he was signing a pre-contract pending release from his parent club Ulinzi Stars FC; with Tusker failing to provide the entire contract document, and the player only allowed to go through the last page of his contract.

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On Lawrence Juma

Based on the evidence submitted by all the invited parties, the Committee hereby makes the following ruling: 

1. That Tusker F.C contract is invalid as it is does not refer and relate to activities organized under Football Kenya Federation and therefore any agreement made between the club and the player is null and void. 

2. That Gor Mahia engaged the parent club Nzoia Sugar F.C as per the laid down procedures upon which a release letter was issued to the player who presented it to Gor Mahia F.C for his registration and subsequently his contract agreement and are therefore the rightful owners of the player. 

3. That FKF investigate the conduct of Tusker F.C in relation to how it engages with players who are under contracts with other clubs with an intention of acquiring their services. 4. The Committee overruled the earlier communication from the FKF Secretariat to Gor Mahia F.c that had declared Tusker FC as the rightful owners of the player 

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On Stephen Waruru

Based on the evidence submitted by all the invited parties, the Committee hereby makes the following ruling: 

5. That Tusker F.C contract is invalid as it is does not refer and relate to activities organized under Football Kenya Federation and therefore any agreement made between the club and the player is null and void. 

6. That SOFAPAKA F.C engaged the parent club Ulinzi Stars F.C as per the laid down procedures upon which a release letter was issued to the player who presented it to SOFAPAKA F.C for his registration and subsequently his contract agreement an

Zachary Oguda

Twitter: @zaxoguda

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