Confusion continues to grow in Kenyan football over promotion and relegation rules, with lawyer Edwin Ayiro now explaining the legal fight between the Football Kenya Federation and the Sports Disputes Tribunal.
The dispute is about which rules should be used at the end of the current football season.
Under the old 2019 FKF rules, two teams are automatically promoted from the National Super League (NSL) to the Kenyan Premier League, while two teams are relegated. The team finishing 16th in the Premier League then faces the third-placed NSL side in a playoff match.
However, FKF introduced new rules for the 2025/26 season that changed the system to three automatic promotions and three automatic relegations.
The Sports Disputes Tribunal ruled that the new rules were not legally approved because they were introduced without the approval of the FKF General Assembly and were also brought in during the season. The Tribunal then ordered that the 2019 rules should continue to apply.
FKF has now challenged that decision in the High Court, where the case is still ongoing.
According to Ayiro, the case has created uncertainty across Kenyan football. Clubs in the KPL are unsure whether they face direct relegation or a playoff battle to survive.
At the same time, NSL clubs fighting for third place may miss out on what they believed would be automatic promotion to the top flight.
The uncertainty has also affected lower leagues, with clubs struggling to plan for next season and investors unsure about the future structure of competitions.
Ayiro explained that the court will now decide which rules will govern the season. If FKF loses the case, the 2019 system of two promotions, two relegations and a playoff will remain in place.
If FKF wins, then the new three-up, three-down format could be used.
He also warned that delays in the court ruling could cause major confusion before the new football season begins.
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