Athletics Kenya (AK) has been barred temporarily from holding its Annual General Meeting and undertaking constitutional review process.
High Court judge Edward Muriithi issued the temporary order following a successful application by ten athletes.
The ten raised complaints in court, saying AK officials should not be allowed to hold the meeting because there is a likelihood views of majority of stakeholders will not be taken into consideration.
In their suit papers filed through lawyer Kibe Mungai, they had said they believe 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.
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 affiliated to the International Association of Athletics Federations (IAAF). 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 in November 2015 announced that it had commenced a process to review its constitution in compliance with the Sports Act.
The ten athletes now say that the constitution under which AK is to be registered, cannot 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.
The judge further ordered that the parties in the case should come for a hearing on December 9.