John Busolo, a former AFC Leopards goalkeeper has lost a Ksh3.7 million case he had filed against the club.
The decision was made by Judge James Rika from the Employment and Labour Relations Court in Nairobi who dismissed a petition filed by Busolo on Thursday.
Per the court documents, the club legend who also served as goalkeeper during his last years at the club was earning Ksh100,000 monthly and a Ksh10,000 bonus for every match won.
According to the court documents Busolo had filed in court, his contract was terminated a few months after he was promoted to goalkeeping coach in 2016. He also claimed that his salary had not been paid for several months.
"On April 4 2016, barely four months into the contract, the Head Coach told the Claimant that he was not going to continue working with him. The Coach hired his own Goalkeeper Trainer. The Claimant was relegated to the training of the Youth Team, contrary to his contract," read part of the court document.
Busolo was seeking Ksh200,000 for two months salary, Ksh360,000 salary arrears between January 2016 to June 2016, Ksh90,000 in house allowance, Ksh60,000 unpaid win bonus, Ksh1.8 million anticipatory salary for remainder of the contract and Ksh1.2 million 12 months salary in compensation of unfair termination.
Additionally, the former player currently working as a coach and goalkeeper in the UK, wanted a certificate of service, interest and cost of the suit.
However, in response, the football team argued that Busolo was not employed as a goalkeeper trainer. The team revealed that Busolo deserted work and asked the court to dismiss the suit.
In the ruling, Judge Rika remarked that Busolo failed to testify about a clause in his contract which stated that all disputes shall be resolved at the management level and later resolved by the Football Kenya Federation (FKF).
"Any dispute that is not resolved under [a] or [b] above, shall be settled by Arbitration, in accordance with the Arbitration Act 1995, Laws of Kenya, or any statutory modification or re-enactment thereof for the time being in force, or in accordance with FIFA Regulations," read part of the court documents.
The judge ruled that the court did not have the jurisdiction to adjudicate or mediate through its annexed mediation. He added that a clause in the contract placed this dispute in the jurisdiction of this court.
Judge Rika dismissed the suit and asked the coach to file his claim before the resolution forum.
