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October 19, 2018

KHU polls get nod: HFK’s bid to block tomorrow’s AGM, elections denied

Chase Bank’s catherine Agunda and Vikings Jacinta Nthenyaina  encounter. 
Chase Bank’s catherine Agunda and Vikings Jacinta Nthenyaina encounter. /OLIVER MORGAN

Kenya Hockey Union (KHU) can now go ahead and hold their Annual General Meeting tomorrow after the High Court dismissed a suit that had sought to block them from doing so.

Justice Joseph Sergon, in a ruling yesterday said Hockey Kenya Federation, who had sought orders against the union were unregistered entity hence lack the legal authority to approach court.

The Judge declined to rule in favour of HKF, saying blocking the union from conducting their affairs would seriously inconvenience them as opposed to the federation if the order for injunction is granted. “I am persuaded by the union’s argument that in the circumstances the applicant lacks the requisite locus standi to pursue the remedy for injunction,” the judge said.

HKF had sued Sports Cabinet Secretary, Sports Registrar and the Attorney General, saying KHU were illegal entity as they had not reviewed their constitution nor conducted elections within a year as required by law. Through their chairman, George Jalang’o, the federation sought to restrain the union from conducting the AGM scheduled for tomorrow, pending the hearing and determination of the suit. HKF further wanted the court to compel the union to produce copies of annual Audited Financial Report from 2013 to date.

Also sought was a list of registered office bearers and a copy of the constitution. Their argument was, if the AGM is allowed to go on as scheduled, it would prejudice the outcome of another ruling pending before a different court. The group also argued that the Sports Act allows club members to participate in the election of the union.

The union had termed the case as frivolous, vexatious, and incompetent and an abuse of the court process. They told the court that issues that were being pursued by the group had been resolved by the sports dispute Tribunal.

“Since the HKF are not members, they have no locus or legal basis to purport to interfere with our affairs by demanding to be provided with audit report,” the union argued. The court was also told that the union had expended a lot of money in preparation of their AGM and it will cost them untold damages and loss if the order sought are granted.

In ruling, justice Sergon said the federation failed to establish a proper case, and show court the irreparable damage it will suffer if the order is denied.

The judge noted that delegates from Mombasa, Eldoret and Kisumu and other counties have already been paid to attend the AGM to be held at Parklands Sports Club.

The dispute between the two arose after HKF filed a petition before Sports Dispute Tribunal in which they sought an order of declaration that KHU are non-existent in law, they are unlawful, unfit and lack capacity to run any hockey affairs in Kenya. They complained that the union did not reviewtheir constitution nor conducted their elections within a year.

They also accused the union of failing to comply with the provision of the new Sports Act thus they cease to exist and therefore are illegal entity. Its application was, however, dismissed prompting the current case.

Poll of the day