Labour Disputes
Texto da decisão
REF. FPSD-15317
Decision of the
Dispute Resolution Chamber
passed on 14 April 2025
regarding an employment-related dispute concerning the player Davis
Kasirye
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Oleg ZADUBROVSKIY (Russia), Member
Michele COLUCCI (Italy), Member
CLAIMANT/ COUNTER- RESPONDENT:
Davis Kasirye, Uganda
Represented by Kaganzi & Co Advocates
RESPONDENT/ COUNTER-CLAIMANT:
Kakamega Homeboyz, Kenya
Represented by Elvis Majani
pg. 2
REF. FPSD-15317
I. Facts of the case
1.
On 15 July 2023, the Ugandan player, Davis Kasirye (hereinafter: the Player or the Claimant/
Counter- Respondent), and the Kenyan club, Kakamega Homeboyz (hereinafter: the Club or
the Respondent/ Counter- Claimant) entered into an employment contract (hereinafter: the
Contract) valid as from 13 July 2023 until 13 July 2025.
2.
In accordance with art. 1.3 of the Contract, the Player was entitled to a monthly salary of
KSH 80,000.
3.
As from August 2023 until January 2024, the Player participated in official matches with the
Club.
4.
Allegedly, in January 2024, the Player’s house was broken into, and his belongings were
stolen.
5.
During the duration of the Contract, the Player received the below amounts:
•
13 July 2023: KSH 200,000 as signing fee;
•
8 August 2023: KSH 300,000 as the balance of the signing fee and “the
remaining balance”;
•
22 September 2023: KSH 78,500 for the month of August 2023;
•
20 October 2023: KSH 78,500 for the month of September 2023;
•
24 November 2023: KSH 78,500 for the month of October 2023;
•
25 December 2023: KSH 80,000 for the month of November 2023;
•
11 January 2024: KSH 20,000 for the month of December 2023;
•
25 January 2024: KSH 58,500 for the month of December 2023.
6.
In January and February 2024, the Club announced the arrival of 11 new players in their
account on X (formerly Twitter).
7.
Allegedly, on 9 February 2024, the Club verbally informed the Player that he will be sent on
loan to the Kenyan club, Nzoia Sugar FC.
8.
On 9 February 2024, the Club removed the Player from the WhatsApp group chat of the
team.
pg. 3
REF. FPSD-15317
9.
On the same day, the Player received the following text message from the Club (quote
verbatim):
“The above money sent to you of ksh 2000 is that you use as you transport to Nzoia fc
tomorrow. The Tm of Nzoia fc will be waiting to receive you. Below are contact to the Tm Mr
Muraya.”
10. On 10 February 2024, the Player sent the following email to the Club (quote verbatim):
“Dear Sir. I refer to your directions that requires me to move to Nzoia Sugar on loan. I have
seen you sent me Kshs 2,000/ as relocation fees. Sir, you have not even elaborated how long
the loan deal is. Neither have you specified who will be paying my salary. Further, you haven't
clarified if I'll be housed at Nzoia and what the terms are. I write to request for clarity on the
above issues. I also request for a copy of the loan agreement to familiarise myself with the
terms and conditions. Looking forward to hearing from you and i would love to hv my
dedustected salary for december and my january salary as well”
11. On 11 February 2024, the Player sent the following WhatsApp text to the Club (quote
verbatim):
“Good morning mr ceo first I have issues with rent where I stay when I was coming from
Uganda I was drained buy the burial n I communicated n I resched they deducted my salary
the rent here where I stay they are demanding me and some big amount at the shop where I
borrow things I use and I cant move out of this place without clearance of all that TM sends
2000 ksh to relocate can I please get my deducted December salary pliss and January salary
I clear my debts and if possible I get feb month and the documents I asked in the email please
sir!
I am really waiting for your response sir thanks.
When I went to play sofapaka game they stole my properties I reported to police nothing the
club helped n the only payment they did is deduction of my salary.”
12. On 12 February 2024, the Player sent a new WhatsApp text to the Club (quote verbatim):
“Good mgn ceo
Hope all is well
I haven’t and iam still waiting to your reply and hearing from you sir
Thanks
Hello sir can I talk to u please because I haven’t heard from u
Can I call you and I talk to you sir?”
pg. 4
REF. FPSD-15317
13. In the above conversation, it also appeared a no answered voice call and a voice message.
In addition, all the above texts had been delivered and read.
14. Allegedly, the Player made serval attempts to meet the Club’s CEO in person in his office,
but to no avail.
15. On 15 February 2024, the Player sent the following WhatsApp text message to the Club
(quote verbatim):
“Good mng TM hope all is well I hv been looking forward to your reply but I hvnt heard from
your boss.”
16. On 22 February 2024, the Club sent the following letter to the Player (quote verbatim):
“This is to notify you that, your contractual obligation has been missing since you are nowhere
to be located. From the clubs attendance record you have been absent since 9th February
2024. Without permission hence breaching contractual obligation as stated in your player
contract clause 1.4 (f). In view of this, the board of management shall want written
explanation within the next three days (3) from the date of this letter. Failure a disciplinary
action shall be taken against you.”
17. On 26 February 2024, the Player’s legal representative sent the following default notice to
the Club (quote verbatim):
“[…] The Club has defaulted on payment of the salary which now stands at a total Ksh 180,000
and the same should be paid with immediate effect. This is total breach of contract.
Our client was loaned to another club without his consent. Even the terms of the loan deal to
which he was not party were never showed to him. He was just unprofessionally directed
verbally by the CEO to travel to another club. You further isolated our client from the official
training ground without justifiable cause and adamantly refused to pay his salary yet you are
aware that it is his only means of livelihood as a foreign player in Kenya.
Your conduct is illegal ab-mitio and we are willing to take all the necessary steps in the soccer
judicial bodies and courts of law to challenge you actions and have your club sanctioned for
the said illegalities. Your actions towards foreign players is so demeaning.
The purpose of this letter is to demand the club pays the salary arrears of the player in
lumpsum as indicated above and also provide the release documents of the player within 03
days.
Take notice that if the Club fails or declines to provide the salary and release letter to the
player within the 3 days as indicated above, we shall have no option but to explore all the
available legal avenues.”
pg. 5
REF. FPSD-15317
18. On 27 February 2024, the Club via a legal representative sent to the Player’s lawyer the
following letter (quote verbatim):
“a) Our client does not owe yours any moneys, whether in arrears or salary. Kindly note that
your client does not have a work-permit and thus he is not eligible for employment in Kenya.
But on humanitarian basis, our client has been paying him in cash, since your client never
shared his bank details with ours. This has been the arrangement, and thus we wish to inform
you that the same was paid to him.
b) Your client was never loaned by ours to any team in Kenya or abroad. Please provide
evidence of the alleged loan
c) Your client has absconded duty since the 9th of February 2024. He went missing without
permission from his employers. Despite numerous calls from the club, he has since refused
to resume duty.
d) A notice to show cause dated 22nd February 2024 was sent to yours. He has since refused
to respond to it and thus our client is considering taking action against yours as per the
provisions of the FIFA RSTP. (Attached please see a copy of the notice to show cause). Your
demand letter is obviously an afterthought from your client upon receipt of the said show
cause letter.
e) In light of (c) above, it is obvious that your client is in breach of the employment contract
and the articles of the FIFA Regulations on the Status and Transfer of Players.”
19. On 28 February 2024, the Player’s legal representative responded to the Club’s email as
follows (quote verbatim):
“We acknowledge receipt of your letter dates 27th February 2024 in which you stated that
Kasirye Davis absconded from duty and that he has never been loaned by Kakamego
Homeboyz FC to any club. You further stated that he stated that he has no work permit but
your client still went ahead to employ him and enjoyed his services for some time. The club is
equally at fault.
In light of the above allegations, we believe that the officials of your client Kakamega
Homeboyz FC’s intentions are to inhumanly suffocate Ksiyere Davis in Kenya.
On the 9th day of February 2024, your client’s teams manager sent a text to Kasirye Davis in
which he was given KSH 2000 to relocate to Nzoia FC. On the 10 th day of February 2023, our
client sought for further and better particulars of the loan move which were never provided
up to date. (The said correspondences in proof of your denied particulars are attached hereto
and marked A &B).
pg. 6
REF. FPSD-15317
Our client was stopped from attending to the club duties and he was removed from the whats
up group for the team. His Shit No. 07 was given away to another player which is clear
evidence of side lining the player. The notice to show cause was never served to our client and
same is an afterthought of foul player by the officials of the club.
On the issue of the work permit, please be notified that a Ugandan national is not required
to have a work permit in order to work in Kenya just like a Kenyan does not need a work
permit to work in Uganda given the existing treaties. Your assertations are based on a flawed
legal premise.
Since your client’s officials have made it hard for our client to settle the matter amicably, it is
only just and equitable that the club releases the player together with payment of his salary
arrears.”
20. On 8 March 2024, the Player left the Club and returned to Uganda.
21. On 21 June 2024, the Player sent to the Club the following default notice (quote verbatim):
“Dear Sir, I entered into a two-year playing contract with your Club valid from 15th July
2023 to 15th July 2025. Unfortunately, on 9th February 2024, your Club took a unilateral
decision to send me on loan to Nzoia FC.
As you are aware, it is a well-established principle that a player must consent to a transfer
as well as agreeing terms with the loan Club. Following the instruction to go on loan, I
requested clarification regarding the loan transfer but was ignored by the Club leaving me
in a completely uncertain situation.
I was through your conduct completely isolated and prohibited from taking part in club
activities including training. During this time, you deducted my salary for December 2023
without any justification and failed to pay me my salary for January 2024.
Despite sending messages to the Club seeking clarification, the Club continued to ignore
me until 27th February 2024 when through its legal representatives your Club in reply to
my notice alleged that I had absconded from duty since 9th February 2024, a completely
false allegation.
Based on the above, it is clear that your Club, through its conduct, unlawfully terminated
the contract, entitling me to compensation in addition to payment of my outstanding
salary.
Consequently, you are hereby given 15 days from the receipt of this notification to pay my
outstanding salaries amounting to KSh180,000 (corresponding to KSh 20,000 balance on
December Salary plus January and February salaries) as well as compensation of KSh
1,360,000 corresponding to the residual value of the contract (March 2024 to July 2025)
failure of which I shall file a Claim against the Club before the FIFA Football Tribunal. I
pg. 7
REF. FPSD-15317
thank you for your attention to the above”.
22. On 16 September 2024, the Player signed a new employment contract with the Ugandan
club Gaddafi FC, valid as from 16 September 2024 until 30 June 2025. The Player’s total
remuneration is UGX 14,400,000 (UGX 1,200,000 per month).
II. Proceedings before FIFA
23. On 22 July 2024, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Claimant/ Counter- Respondent
24. The Player alleged that he had just cause to terminate the Contract on 8 March 2024, when
he left Kenya to return to Uganda. Specifically, the Player alleged the following reasons for
the termination of his Contract:
-
Forced Loan Transfer;
-
Removal of the Player from the team WhatsApp group;
-
Exclusion from training session;
-
Lack of response to the Player’s emails and WhatsApp texts;
-
Removal from the playing squad and taking away his jersey number;
-
Reduction and non-payment of his salaries.
25. Regarding the forced loan transfer, the Player alleged that the Club simply informed him
that he was being loaned to the Kenyan club, Nzoia Sugar FC without consulting him or
obtaining his consent. As proof of the loan, the Player provided the text message from the
Club informing him that they have sent him an amount for his relocation to Nzoia. In
addition, the Player claimed that the fact that they removed him from the WhatsApp group
shows that they were going to send him on loan.
26. In this regard, the Player alleged that “by forcing the Player to go on loan without seeking his
consent, the Club was in breach of the employment contract. Even when the player asked for the
particulars of such a loan so that he could consider it, the Club refused to give him the details
making it impossible for him to execute such a loan without knowing its terms. This behavior
was abusive entitling the player to terminate the contract under Article 14 of FIFA RSTP. Forcefully
loaning the player also indicated a lack of interest in the player's services.”
pg. 8
REF. FPSD-15317
27. Furthermore, regarding the removal of the Player from the WhatsApp group he argued that
it “had significant contractual consequences because it was on this platform that all the team
activities were communicated to the players such as training venues, match squads, travel plans
and notifications for when, where and from whom to receive salaries and other bonuses and by
removing him from this WhatsApp group, he could no longer access information of where the
training sessions were to be held and all other vital information necessary for both parties to
execute the contract. Such communications were made on the group by team captains and Club
officials. Instructing the team Captain to remove the Player from the Team WhatsApp Group was
a clear indication that he was no longer considered to be a Player of the Club.”
28. As a consequence, the Player was also excluded from trainings as all the information
regarding the sessions was communicated in that group in which he had no longer access
to.
29. Additionally, the Player claimed that the Club did not respond to any of his requests of 10,
11, 12 and 26 February 2024 in which he was requesting updates regarding his situation.
30. The Player further alleged that even when the Club replied on 27 February 2024, it stated
that the Player does not have a work permit and therefore he “is not eligible for employment
in Kenya.” Therefore, the Player underlined that the aforementioned statement of the Club
only demonstrated the Club’s failure to comply with its contractual obligations as the
issuance of a work permit and visa is the Club’s responsibility.
31. In addition, the Player claimed that he never received the Club’s notice letter of 22 February
2024.
32. According to the Player, the Club reduced his salary of December 2023 to KSH 20,000
without any justification. In addition, he had put the Club in default for his January,
February and the balance of December salary.
33. In addition, the Player alleged the following (quote verbatim):
“The Player submits that with all the above elements combined, it was clear that the Club
wanted to get rid of the player in complete disregard of the employment contract between
them. The Player was legitimately entitled to believe that his services were no longer
required by the Club hence just cause to terminate the contract which he did when he left
Kenya on 8th March 2024.
In the alternative, the Claimant submits that while the already above-mentioned elements
of the abusive conduct of the Club combined led the player to terminate the contract with
just cause when he left Kenya on 8th March 2024, the Claimant also wishes to submit that
the Chamber should take the actions of the Club on 9th February 2024 as a unilateral
breach of the contract by the Club. .9th February 2024 can be taken as the day that the
Club unilaterally terminated the contract. As already stated, it was on this day that a loan
pg. 9
REF. FPSD-15317
transfer was forced on the player, he was removed from the team WhatsApp Group, told
not to appear in training if he refused to go on loan, was left behind when the team travelled
for the match on 11th February 2024, his shirt number was given to another player in this
match on 11th February 2024 and the Club stopped paying his salaries.
All these factors combined show that the Club unilaterally terminated the contract on 9th
February 2024 and this unilateral termination by the Club was without just cause entitling
the player to compensation in accordance with Article 17 of the FIFA RSTP June 2024
Edition.”
34. Finally, the Player requested the following relief (quote verbatim):
“The FIFA DRC makes a finding that the Player terminated the contract with just cause
The FIFA DRC orders the Club to pay the following amounts to the player;
a) KSH 20,000 as the outstanding balance on the salary of December 2023
b) KSH 160,000 as the outstanding salary for January and February 2024
c) KSH 1,360,000 as compensation for breach of contract corresponding to the residual
value of the contract (March 2024 to July 2025)
d) 5% interest on all the above amounts as of 8th March 2024.”
b. Reply of the Respondent/ Counter- Claimant
35. Regarding the alleged deduction of the salary of December 2023, the Club alleged the
following:
“On the 25th of January 2024, the player received Kenya Shillings Fifty Eight-Thousand Five
Hundred (Kes.58, 500) from the club. This was after a deduction of Kenya Shillings Twenty
Thousand (Kes.20, 000) offsetting the player’s salary advance of Kenya Shillings Twenty
Thousand (Kes.20, 000) that he had taken on the 11th January, 2024. The other amount
deducted went towards medical insurance, that is, NHIF deductions.
On the 25th of December 2023, the player received his full salary of Kenya Shillings Eighty
Thousand (Kes.80, 000) for the month of November 2023. On the 24th of November 2023, the
player received his salary of Kenya Shillings Seventy Eight Thousand Five Hundred (Kes.78,
500). The player acknowledged receipt of all these salaries by affixing his signature on the
respective payment receipts.”
36. In addition, the Club alleged that the Player “had not reported to the club’s training from 1st
of February 2024 which then necessitated the club to exclude him from the club’s march squad.”
pg. 10
REF. FPSD-15317
37. In view of the above, the Club provided an attendance list from the trainings showing the
absences of the Player.
38. Furthermore, regarding the loan to Nzoia Sugar FC, the Club alleged that the Parties
discussed the possibility of the loan and it was the Player who asked for the relocation fee
so he could travel to Nzoia. The Club further claimed that there was no loan agreement
signed between the two clubs and this was why they could not give any information to the
Player.
39. The Club also argued that the Player left the Club and travelled to Nzoia and since then he
did not resume duty and never returned to the Club, despite its numerous requests.
40. Concerning the removal of the Player from the WhatsApp group, the Club alleged that he
was removed only after they realized that the Player had “absconded duty.”
41. Regarding the lack of response from the Club’s CEO, the Club alleged that the CEO had no
obligation to reply to the Player’s requests and any complain had to be addressed to the
team manager.
42. Furthermore, “on the claim that the player was denied an opportunity to train with the squad,
the player has not provided proof for the same, neither has he demonstrated steps he took to
address the issue.”
43. The Club also stated that “the Player was paid all his dues as at the end of February 2024 and
the deductions made on the salary were occasioned by statutory deductions imposed under
Kenyan law as well as in defraying an advanced salary that the Player had previously taken.”
44. Regarding the termination date, the Club alleged that the Player unilaterally terminated the
Contract on 8 March 2024 without just cause, when he left the country.
45. In view of all the above, the Club lodged the following counterclaim:
“The club prays for orders against the player for:
A. for breach of contract
B. for kenya shillings twently thousand (kes. 20,000/=) in advance salary
C. for general damages resulting from instability and loss of income occasioned by the
players absence from the team without a just cause, ksh 1,360,000 (remainder of the
contract march 2024 to july 2025).
D. interest.”
pg. 11
REF. FPSD-15317
c. Rejoinder of the of the Claimant/ Counter- Respondent
46. The Player rejected the counterclaim alleging that he had just cause to terminate the
Contract and reiterated that the termination was due to the Club’s abusive conduct and
contractual violations. In particular, the Player reiterated the following reasons:
•
Forced loan transfer;
•
Removal of the Player from the WhatsApp group;
•
Exclusion from training sessions;
•
Removal from playing squad and taking away the Player’s jersey number, and;
•
Reduction and non-payment of salaries.
47. The Player denied the Club’s allegations regarding the loan and clarified that he had never
discussed a possibility of a loan or requested the relocation fee of KSH 2,000. He also stated
that the Club did not provide any evidence in this regard supporting their position and
never replied to the Player’s requests.
48. In addition, the Player underlined that the Club acknowledged that the amount of KSH
2,000 was indeed paid to the Player for transportation costs.
49. Furthermore, the Player denied the Club’s allegation regarding the reason why he was
removed from the WhatsApp group. The Player claimed that he never absconded from
duty and he was removed from the group the day he was informed that he was going on
loan. As he had been removed from the group, he was no longer informed about trainings
and therefore could no longer attend them. He also alleged that he could not resume duty
and that he tried to remedy the situation by contacting the CEO, to no avail.
50. In addition, the Player disputed that he had been absent for 14 days prior to 9 February
2024. The Player argued that this statement contradicted the attendance list that was
provided by the Club.
51. Consequently, the Player stated that the argument of the Club for removing him from the
WhatsApp group due to the Player’s “absconded duty” was baseless and in contradiction
with the document the Club itself provided.
52. Additionally, the Player denied that he travelled to Nzoia and the Club did not provide any
supporting documentation proving otherwise.
pg. 12
REF. FPSD-15317
53. Regarding the reduction of the salary and the non-payment of salaries, the Club stated that
all the salaries have been paid up until February 2024. However, the Player alleged that
this was “contradicted by the payment slips the Club attached in its response which confirm the
player’s submission that at the time of his departure from Kenya, he was demanding
outstanding salaries for January 2024, February 2024 and the balance of December 2023”. He
also stated that the Club has not made any payment of advanced salaries.
d. Club’s position regarding the Interim Regulatory Framework
54. On 5 March 2025, the FIFA general secretariat invited the Club to amend its counterclaim,
if it so wished, exclusively in relation to the possible consequences of the application of the
new interim regulatory framework adopted by the Bureau of the FIFA Council on 23
December 2024 (hereinafter: the Interim Regulatory Framework). The FIFA general
secretariat also highlighted that any submission that went beyond the scope of the
mentioned request would be disregarded.
55. In this regard, the Club amended its request for relief as follows (quote verbatim):
“The Club prays for orders against the Player for:
i. For breach of contract
ii. For Kenya Shillings Twenty Thousand (Kes. 20,000/=) in advances salary
iii. For general damages resulting from instability and loss of income occasioned by the
Players absence from the team without a just cause (remainder of the contract March
2024 to July 2025) Kshs. 960,000 in accordance to Section 49 of the Kenya employment
act and Article 17 of the FIFA regulations on status and transfer of players.
iv. Interests.”
e. Player’s position regarding the Interim Regulatory Framework
56. In its reply, the Player underlined art. 14 par. 1 of the of the Regulations on the Status and
Transfer of Players which reads as follows:
“A contract may be terminated by either party without consequences of any kind (either
payment of compensation or imposition of sporting sanctions) where there is just cause. In
general, just cause shall exist in any circumstance in which a party can no longer reasonably
and in good faith be expected to continue a contractual relationship.”
57. In this regard, the Player reiterated that the Contract was terminated for the reasons
explained in his initial claim and stated that all these “actions constituted circumstances in
pg. 13
REF. FPSD-15317
which the player no longer reasonably and in good faith be expected to continue a contractual
relationship.”
58. In addition, the Player invoked the new wording of art. 17 of the Regulations and stated the
following:
“The [Player] is entitled to be put in the position he would have been in if the contract had
been performed properly to its conclusion.
As compensation, he is entitled to the salaries he would have received if the contract had been
performed until its natural expiry in accordance with the principle of positive interest. The
player’s contract with the Club was meant to expire in July 2025.
Consequently, the [Player] prays that the FIFA Football Tribunal orders the Club to pay the
player the salaries he would have earned between March 2024 to July 2025 totalling KSH
1,360,000. In addition to the above, the [Player] reiterates the other players for relief as stated
in the Claim and prays that the Club be ordered to pay the player the outstanding salaries to
wit KSH 20,000 as the outstanding balance on the salary of December 2023 and KSH 160,000
as the outstanding salary for January and February 2024 totalling to KSH 180,000.”
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
59. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 22 July 2024 and submitted for decision on
14 April 2025. Taking into account the wording of art. 31 and art. 34 of the January 2025
edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural
Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at
hand.
60. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (January
2025 edition), the Dispute Resolution Chamber is competent to deal with the matter at
stake, which concerns an employment-related dispute with an international dimension
between an Ugandan player and a Kenyan club.
61. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
pg. 14
REF. FPSD-15317
b. Burden of proof
62. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Merits of the dispute
63. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
64. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute whether the Player had just cause to terminate his Contract.
65. In this regard, the Chamber recalled the following undisputed facts:
•
The Player and the Club signed an employment contract valid as from 15 July
2023 until 13 July 2025 (i.e., the Contract).
•
On 9 February 2024, the Club sent a text message to the Player informing him
that KSH 2,000 have been sent to him for travelling to Nzoia FC and the contact
details of the team’s manager of the aforementioned club were shared with
the Player.
•
On the same date, the Player was removed from the WhatsApp group chat of
the team.
•
The Player contacted the Club asking for updates regarding the loan and the
payment of his salaries on 10, 11, 12, 15 and 26 February 2024.
•
The Club replied on 27 February 2024, stating among other, that the Player
did not have a work visa, and his salaries were paid on “humanitarian basis.”
•
On 8 March 2024, the Player left the country.
pg. 15
REF. FPSD-15317
66. In this context, the Chamber acknowledged that its task was to determine whether the
Player terminated the Contract with just cause and the consequences herein.
67. The Chamber first referred to the wording of art. 14 bis par. 1 of the Regulations, according
to which, if a club illegitimately fails to pay a player at least two monthly salaries on their
due dates, the Player shall be deemed to have just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to meet its financial obligations in full.
68. In the present case, the Chamber noted that the outstanding salaries corresponded to the
months of January and February 2024, i.e. 2 monthly salaries were due at the moment of
the termination on 8 March 2024.
69. However, the Chamber also noticed that the Player sent two default notices to the Club on
26 and 28 February 2024, when only one monthly salary had fallen due. In addition, the
Player gave a deadline of 3 days to the Club to comply with their default.
70. Therefore, the Chamber considered that art. 14 bis of the Regulations does not apply in the
present case as the formal requirement of a 15- day default notice has not been met.
71. Having established the above, the Chamber recalled that based on art. 14 par. 1 of the
Regulations only a breach or fault of significant gravity justifies the termination of a
contract. Also, according to article 14 par. 1, it is established that “In general, just cause shall
exist in any circumstance in which a party can no longer reasonably and in good faith be
expected to continue a contractual relationship.”
72. The Chamber observed that in the present case, the Player alleged the following grounds
to justify the termination of the contract: (i) the non-payment and reduction of the salaries,
(ii) the alleged forced loan, (iii) the removal of the Player from the WhatsApp group, (iv) the
exclusion from the training sessions, (v) the lack of response to the Player’s requests, and
(vi) the removal of the Player from the squad.
73. In the contrary, the Chamber noted that the Club alleged that the Player did not have just
cause to terminate the Contract as the Club complied with its financial obligations and only
removed the Player from the WhatsApp group after he “absconded duty” on 9 February
2024. In addition, the Club stated that the Player was absent from the training sessions,
and he consented to go on a loan to a third club.
74. In light of the foregoing, the Chamber proceeded to examine each of the Player’s
arguments individually in support of the Contract’s termination.
pg. 16
REF. FPSD-15317
The non-payment of salaries
75. The Chamber observed that regarding the payment of salaries, there was no evidence on
file showing that the salaries of January and February 2024 have been paid. Therefore, the
Chamber concluded that the aforementioned salaries were outstanding at the moment of
the termination.
76. In addition, regarding the deduction of salaries, the Chamber took note of the fact that the
Player alleged that his December 2023 salary was reduced by KSH 20,000 without any
justification. However, based on the payslips provided by the Club, the Chamber
considered that the salary of December 2023 was paid in two instalments (11 and 25
January 2024) of the total amount of KSH 78,500.
77. Therefore, the Chamber concluded that from the salary of December 2023, the amount of
KSH 1,500 remained outstanding in addition to January and February 2024 salaries.
The alleged forced loan
78. Considering the loan, the Chamber noted that there was evidence on file suggesting that
the Club sent the Player the contact details of the new club as well as the transportation
costs. In addition, the Player provided the text messages in which he requested updates
regarding the loan and his contractual situation.
79. In this regard, the Chamber observed that the Club acknowledged that it did not reply to
the Player alleging that the CEO who received these messages had no obligation to reply
as it was the role of the team manager to deal with this type of inquiries and complaints.
Furthermore, the Club did not dispute that the Player was going to be sent on a loan, but
it simply alleged that the Player had consented to it. However, the Chamber noted that the
Club contradicted itself in its response of 27 February 2024 in which it actually denied the
conclusion of any loan.
80. Additionally, the Chamber took note of the fact that the Club did not provide any evidence
showing that there had been negotiations between the Player and the Club regarding the
loan, such as emails or texts.
81. Based on the documentation on file and the evidence provided by the Player, the Chamber
considered that the Club did not meet its burden of proof demonstrating that the Club was
not intending to send him on loan against his will. The text message sent by the Club, which
was provided by the Player and has not been disputed by the Club, clearly showed that the
Player was going on a loan.
pg. 17
REF. FPSD-15317
The removal from the WhatsApp group and the exclusion from the trainings
82. Furthermore, the Chamber noticed that the Player justified being absent from the training
sessions due to the fact that on 9 February 2024, he was removed from the WhatsApp
group and no longer had access to the training schedule and updates.
83. In this regard, the Chamber observed that the Club confirmed that the Player was removed
on that date, however, argued that it was due to the Player’s repeated absences from
training. Nevertheless, the Chamber considered that the Club again contradicted itself
since the attendance list provided by the Club, actually indicated that the Player was
present in the trainings before 9 February 2024.
84. Therefore, the Chamber concluded that the Player was not able to be informed of the
training seasons, and was absent after being removed by the Club on the WhatsApp group
leaving him without information as to the training dates following 9 February 2024.
Moreover, the Club failed to show that it contacted the Player in a different way in order to
inform him about the trainings.
The Player’s intents to remedy the situation
85. Furthermore, the Chamber pointed out that there was enough evidence on file
demonstrating that the Player repeatedly tried to remedy the situation by sending text
messages and official correspondences to the Club.
86. In addition, the Club in their reply of 27 February 2024, alleged that the Player did not have
a valid work visa, that the salaries were inly paid on a “humanitarian basis” since the Player
could not legally work in Kenya and that a warning letter had been sent to the Player due
to his absences. The Club however, did not provide any evidence of warning letters sent to
the Player.
87. In any case, the Chamber reminded that it is a well-established jurisprudence that is the
club’s responsibility to obtain these documents. In the case at hand, the Chamber
concluded that no further evidence or explanations were provided as to why the Player,
despite being paid salaries for months, did not have a valid work visa.
88. In view of all the above, the Chamber decided that the Player established that the Club’s
actions constituted a breach of materially serious nature and that was no longer interested
in his serviced which justified the termination of the Contract. Accordingly, the Chamber
concluded that the Player had just cause to terminate the Contract with the Club on 8
March 2024.
89. To the contrary, the counterclaim of the Club was rejected.
pg. 18
REF. FPSD-15317
ii. Consequences
90. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Club.
91. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, are equivalent to 2 salaries under
the Contract as well as the balance of the month of December 2023, amounting to KSH
161,500.
92. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Club is liable to pay to the Player the amounts which were
outstanding under the Contract at the moment of the termination, i.e. KSH 161,500 (i.e.
KSH 80,000 times 2 and KSH 1,500).
93. In addition, taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award the Player interest
at the rate of 5% p.a. on the outstanding amounts as from 8 March 2024 until the date of
effective payment.
94. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Club in the case at stake. In doing so, the Chamber firstly
recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount of
compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
95. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
96. As a consequence, the members of the Chamber determined that the amount of
compensation payable by the Club to the Player had to be assessed in application of the
other parameters set out in art. 17, par. 1 of the Regulations. In this respect, the Chamber
recalled that, as a general rule, the compensation to be paid to the Player by the Club shall
be equal to the residual value of the Contract that was prematurely terminated, unless the
Player signed a new contract following the termination of his previous contract (cf. art. 17
par. 1 lit. i)).
pg. 19
REF. FPSD-15317
97. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of KSH 1,313,548.32 (i.e. the residual value of the Contract from
March 2024 to June 2025 and the 13 days of July 2025 pro rata KSH 80,000/31 x13) serves
as the basis for the determination of the amount of compensation for breach of contract.
98. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the Player’s general obligation to
mitigate his damages.
99. Indeed, the Player found employment with the Ugandan club, Gaddafi FC. In accordance
with the pertinent employment contract, the Player was entitled to a total remuneration of
UGX 14,400,000. Therefore, the Chamber concluded that the Player mitigated his damages
in the total amount of UGX 14,400,000 (approx. KSH 403,641), that is KSH 42,340, times 9
plus 42,340/30 x 15 days for the month of September 2024.
100. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables.
101. In this respect, the DRC decided not to award additional compensation as the Player did
not terminate his Contract for overdue salaries.
102. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Club must pay the amount of KSH
909,907 to the Player (i.e. KSH 1,313,548.32 minus KSH 403,641.3), which was to be
considered a reasonable and justified amount of compensation for breach of contract in
the present matter.
103. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Football Tribunal in this regard, the Chamber decided to award the Player interest on said
compensation at the rate of 5% p.a. as of 8 March 2024 until the date of effective payment.
iii. Compliance with monetary decisions
104. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
pg. 20
REF. FPSD-15317
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
105. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
106. Therefore, bearing in mind the above, the DRC decided that the Club must pay the full
amount due (including all applicable interest) to the Player within 45 days of notification of
the decision, failing which, at the request of the Player, a ban from registering any new
players, either nationally or internationally, for the maximum duration of three entire and
consecutive registration periods shall become immediately effective on the Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
107. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
108. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
d. Costs
109. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
110. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
111. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 21
REF. FPSD-15317
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant/ Counter- Respondent, Davis Kasirye, is partially accepted.
2.
The counterclaim of the Respondent/ Counter- Claimant, Kakamega Homeboyz, is rejected.
3.
The Respondent/ Counter- Claimant must pay to the Claimant/ Counter- Respondent the
following amount(s):
- KSH 161,500 as outstanding remuneration plus 5% interest p.a. as from 8 March 2024
until the date of effective payment.
- KSH 909,907 as compensation for breach of contract plus 5% interest p.a. as from 8
March 2024 until the date of effective payment.
4.
Any further claims of the Claimant are rejected.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent/ Counter- Claimant shall be banned from registering any new players,
either nationally or internationally, up until the due amount is paid. The maximum
duration of the ban shall be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
7.
The consequences shall only be enforced at the request of the Claimant/ CounterRespondent in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the
Status and Transfer of Players.
pg. 22
REF. FPSD-15317
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 23
REF. FPSD-15317
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 24