When it rains, it pours.
Time and over again, no phrase has perfectly managed to capture the state of Kenyan football than those five words.
In the latest saga, 12-time storied Kenyan champions AFC Leopards have found themselves staring on another transfer ban after failing to pay immediate former Belgian head coach Patrick Aussems a combined total of USD 145,000 (circa Kes 20,568,250) as outstanding remuneration and as compensation for breach of contract.
In a decision handed to the club by the FIFA Football Tribunal back in May 2022, Mozzart Sport exclusively gives you a lowdown of the debilitating ruling that has left an already struggling club in further financial turmoil and a consecutive three window transfer ban after the club failed to honour the end of the bargain with Aussems who reported them to FIFA.
Genesis
Just before the nullified 2021/2022 season had begun, Ingwe found themselves amidst a crisis as over ten players opted to quit the club just a week to the new season owing to financial difficulties. Players and staff not receiving their salaries was a regular occurrence at the club chaired by Dan Shikanda.
Aussems, who had joined the club in February 2021, was among the staff who had not been paid for months on end. As a result, the Belgian coach, who has had stints at Congo Brazzaville’s AC Leopards, Tanzania’s Simba and Sudan’s Al-Hilal, decided to report his case with FIFA Football Tribunal.
The dues, amounting to around USD 25,000 (circa Kes3,546,250) had accrued from July 31, 2021, when he signed a new two-year contract, to December 28, 2021 after not receiving any pay.
He informed the club management that if they did not keep their commitments, he would be forced to “claim all of the sums and obtain damages negotiated for the duration of the contract according to FIFA standards.
In January 2022, Ingwe asked for patience from Aussems as they worked on settling the debt owed.
Aussems wrote back, this time negotiating with the club to pay him an initial amount of USD 10,000 ( Kes1.4 million) within 10 days and the remaining USD 15,000 (Kes 2.1 million) no later than the end of February 2022 and copied FIFA and CAF in the email this time around.
Aussems reports to FIFA
By March 2022, there was still nothing doing from the Ingwe camp and the club was informed of a claim lodged against them before the Football Tribunal by Aussems where they were invited to state their position on the matter as investigations begun.
On May 18, 2022, FIFA notified both Aussems and Leopards of their findings on the employment-related dispute between the two parties.
Ruling
“The claim of the claimant, Patrick Aussems, is accepted. The respondent, AFC Leopards Sports Club, has to pay USD 25,000 (Kes 3,546,250) as outstanding remuneration and USD 120,000 (Kes 17,022,000) as compensation for breach of contract. Any further claimants are rejected,” FIFA Football Tribunal said.
The ruling further directed that the payment be made within 45 days failure to which the club “shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid with the maximum duration of the ban being upto to three entire and consecutive registration periods,”
“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,” the second consequence noted.
Mozzart Sport can authoritatively reveal that Aussems was not paid within the stated 45 days with the club also not appealing the ruling.
As a result AFC Leopards – who finished last season in seventh place on 51 points, nineteen behind champions Gor Mahia – will be unable to register players for the next three registration windows and need to pay the entire sum owed to Aussems for the ban to be lifted.
The currently open transfer window ahead of the 2023/2024 season was going to be the first time Ingwe would register players after being unable to sign in two windows. That was over failure to pay former captain Soter Kayumba his dues.
