Exclusive: Gor Mahia Found Guilty of Breach of Contract in Ex-Player Sydney Wahongo Tribunal Case

Gor Mahia are once again staring at a familiar storm, with fresh revelations from the Sports Disputes Tribunal exposing salary arrears and unlawful contract termination, issues that have historically cost the club heavily on and off the pitch.

Exclusive court documents obtained by LTN Sports show that in the case of Sydney Wahongo Vs Gor Mahia, the Tribunal found the record Kenyan champions guilty of breaching a professional contract through non-payment of wages and improper termination.

The dispute stemmed from a contract running from August 2024 to July 2026, under which the player was entitled to a monthly salary of Ksh 100,000. However, by the time the club moved to terminate the deal in February 2025, salary arrears had ballooned to approximately Ksh 1,000,000, an obligation the club failed to dispute with evidence in court.

In its findings, the Tribunal leaned heavily on the FIFA Regulations on the Status and Transfer of Players, particularly provisions that treat persistent non-payment as a fundamental breach of contract. The judgment reaffirmed a long-standing principle in global football governance that paying players is not optional, it is the core obligation of any club.

Gor Mahia attempted to justify their decision by citing “sporting just cause” and the lingering effects of the COVID-19 pandemic. But the Tribunal dismissed both arguments, ruling that sporting performance clauses cannot be used by clubs to unilaterally terminate contracts, and that the pandemic could not qualify as force majeure, especially given the contract was signed after its onset and partial payments had already been made.

Crucially, the Tribunal noted that Gor Mahia were already in breach due to unpaid salaries, effectively stripping them of any legal ground to terminate the agreement. The termination was therefore declared unlawful under FIFA regulations, reinforcing the doctrine of contractual stability that governs international football.

The financial consequences were significant. Gor Mahia were ordered to pay Ksh 1,000,000 in salary arrears and a further Ksh 1,800,000 as compensation for the remaining 18 months of the contract, bringing the total liability to Ksh 2.8 million, excluding interest and legal costs.

Beyond the numbers, the ruling reopens an old wound for Gor Mahia. The club’s history with salary disputes is well documented, and past financial indiscipline has previously led to sanctions, including bans from continental competitions. With CAF and FIFA maintaining strict licensing and compliance requirements, repeated offences of this nature risk triggering similar punitive measures.

Full Judgement

Comments (0)