Explainer: Why Sonko’s petition to overturn Kenya's CHAN loss against Madagascar is unlikely to succeed

Former Nairobi Governor Mike Sonko’s petition to overturn Kenya’s African Nations Championship (CHAN) 2024 quarter-final loss to Madagascar is unlikely to succeed, Confederation of African Football (CAF) statutes show.

In his petition, Sonko claims match officials acted unlawfully and exhibited bias, calling for the nullification of disallowed goals, annulment of the penalty shootout, awarding the match to Kenya, or ordering a replay.

Through lawyer Arnold Oginga, Sonko argues that CAF appointed match officials, including referees, assistant referees, commissioners, inspectors and other personnel, conspired to deny Kenya a fair opportunity to advance.

“The conduct by the match officials in the Kenya versus Madagascar quarter-final game is greatly prejudicial to the Republic of Kenya and contravenes the spirit of sportsmanship, loyalty, integrity and ethics,” the petition reads.

The petition came after two controversial decisions during the match. Ryan Ogam’s goal, which could have doubled Kenya’s lead, was disallowed after Gor Mahia’s Ben Stanley was penalised for allegedly pushing a Madagascar defender while heading the ball back to Ogam.

Social media users widely criticised the call, arguing that the contact was minor and did not affect the goal-scoring opportunity.

The second key decision occurred in Kenya’s own goal area, where Lewis Bandi was penalised for handling the ball. Bandi, a former AFC Leopards defender, had turned his back to block a shot, and the ball inadvertently touched his hands.

While this led to a penalty for Madagascar, the decision drew less controversy than Ogam’s disallowed goal, as observers noted Bandi’s hands were not in a natural position.

However, CAF regulations make it highly unlikely that Sonko’s petition will succeed, as refereeing decisions on factual matters are final.

Article 43 of the CAF Statutes states, “The decisions taken by the referee on the ground during the match on matters of fact shall not be subject to protests in any case.”

This mirrors FIFA’s position that referees’ factual decisions, including disallowed goals, penalties, or other on-field calls, cannot be appealed.

CAF notes state that appeals are only valid in cases such as administrative errors, use of ineligible players, or breaches of competition rules, all of which must follow formal procedures within specific timelines. Challenges to judgment calls or referee discretion are explicitly barred.

CAF and FIFA precedents reinforce this limitation. Appeals based solely on officiating decisions are almost always dismissed. For instance, South Africa’s request to replay a World Cup qualifier due to refereeing errors was deemed inadmissible under FIFA rules. Only exceptional situations, like match abandonment or safety concerns, have ever led to replays, as occurred once in a CAF Champions League second-leg match.

Sonko’s petition, therefore, lacks standing under current regulations.

According to CAF, unless the former governor can demonstrate non-factual violations, such as the use of ineligible players or procedural irregularities, the body is unlikely to nullify the results, award the match to Kenya, or order a replay

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However, disciplinary action against officials remains possible, but it cannot be used to reverse the match outcome.

Kenya’s CHAN 2024 journey ended heartbreakingly on August 22, 2025, at Moi International Sports Centre, Kasarani, following a tense 1-1 draw and 4-3 penalty shootout loss to Madagascar.

Coach Benni McCarthy’s side dominated long periods of the game but struggled to convert opportunities. Defender Alphonse Omija scored Kenya’s only goal in regulation time from a well-worked set piece, before Madagascar’s Fenohasina Gilles equalised with a penalty in the 68th minute.

The match went to penalties after 120 minutes, with Kenya scoring through Siraj Mohammed, Daniel Sakari, and Sylvester Owino. Misses by Mike Kibwage and Alphonse Omija proved costly, allowing Madagascar to win the shootout 4-3 and advance to the semi-finals.

Despite the defeat, Kenya leaves CHAN 2024 with its reputation enhanced, having topped a challenging group and pushed Madagascar to the limit, signalling the team’s growing potential on the continental stage.