Kabras Rugby have lost the appeal on Derrick Ashihundu’s nine-match ban which was issued on March 24 2021.
This means the player’s nine-match ban which was as a result of his red card against Kenya Harlequins in their 43-5 win still stands.
With the sports suspended in the country, the ruling by the Judicial Appeals Officer Waiyaki C. Hinga says it is up to to the Kenya Rugby Union to decide if the ban will be suspended and take effect when sports resume.
“I uphold the decision as set out by the judicial officer and delivered on 24th March 2021 thereby dismissing the appeal dated on 24th March by the Appellant. There is no order as to costs,” reads part of the ruling signed by Judicial Appeals Officer
“The only question the union will address themselves to is, owing to Public Order State Curfew) order No.2 of 2021 L.N 46 and Public Order (Nairobi City, Kajiado, Machakos, Kiambu and
Nakuru Counties) Curfew order 2021 banning all sporting activities, does the ban continue or does it remain suspended until the resumption of the Rugby Calendar, indeed it is an administrative a decision that we leave to the union,” the statement concludes.
Kabras appealed the ruling, citing -Interested party (Ashihundu) not being given ample notice, conflicting Assistant Referee’s Report and video evidence and failure by the Judicial officer to recuse himself due to bias.
The ruling however dismissed their three grounds of appeal. On the second ground of appeal which stated that the assistant referees report and video evidence conflicted, the Appeals officer dismissed it stating that the “interested party accepted their action as per the referees’ report, thus the claim of the conflicting report as per the second ground of appeal cannot be deliberated.”