Ten athletes are in court seeking an order to bar Athletics Kenya from conducting Annual General Meeting and undertaking constitutional review process.
The ten believe that the constitutional review process the serving officials of AK have set in motion is a negation of country’s supreme law and is bound to perpetuate the existing ‘scandal ridden’ and unaccountable status quo in the management and operations of athletics in Kenya.
The athletes are Moses Tanui, Julius Korir, Julius Kariuki, Christopher Kosgei, Wilson Boit, Susan Sirma, Leah Malot, Nixon Kiprotich, Hosea Kogo and Mary Chemweno.
They sued AK, Sports Cabinet Secretary Hassan Wario, Registrar of Sports, Registrar of Societies and the Attorney-General.
Also sought is an order requiring the Athletics Kenya to furnish the athletes with certified minutes and resolution of AGM held on April 27, 2016.
They also want to be given certified copy of the amended constitution of Athletics Kenya effected and adopted by members on April 27; a copy of current officials of AK, a certified copy of registration certificate of AK and any letters to AK and other sports organisations requiring the amendment of their constitution.
The ten athletes said there is a high likelihood to register AK under the Sports Act based on a constitution that neither reflects the views of major stakeholders particularly athletes.
They told the court that unless the constitutional review process is stopped, they stand to lose a once in a life time chance to democratise the federation and make its governance accountable.
Historically, the sport and athletics in Kenya has been governed by AK-which is a federation affiliated to the International Association of Athletics Federations.
Following the promulgation of new constitution, the parliament passed the Sports Act, whose objective is to harness sports for development.
The Act required all national sport organisations to submit application for registration accompanied by certified copy of its constitution. Consequently, AK on November 2015 announced that it had commenced a process to review its constitution in compliance with the Sports Act.
The ten athletes now say the constitution under which AK is to be registered can’t be made through amendment of its existing one but a complete new one has to be put in place.
And due to restrictive composition of the AGM of AK it is not possible to secure a legitimate constitution which embodies the concerns of all stakeholders.
And now it wants the review process put on hold until their case is heard and determined. AK is yet to respond.