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February 20, 2019

Cricket Kenya sued: Players seek orders to have CK registered in accordance with the new Sports Act.

Kenya Ankit Hirani in action during a past match / FILE
Kenya Ankit Hirani in action during a past match / FILE
Six cricket players have moved to the High Court, seeking orders to have Cricket Kenya (CK) registered in accordance with the new Sports Act.
In an application filed under urgency, David Obuya, Tariq Iqbai, Kennedy Otieno, Edward Odumbe among others, want the court to issue a temporary order restraining cricket Kenya chair Zehrabanu Janmohammed from representing herself or acting as chairlady of the Africa Cricket Association or representing Kenya as a delegate member to it.
“Pending hearing and determination of the suit, we want a temporary order of injunction to be issued restraining Zehrabanu, Harpal Singh and six other officials; their agents or any other person acting as executive members or conducting any elections, accessing and utilizing any money from the accounts held by CA,” the players say in court documents.
They also want the court to direct the Sports Registrar as empowered by sections 45(2)(b) and 52 of Sports Act of 2013, to appoint within seven days an independent audit firm to conduct an audit and submit to the court within 60 days of all the chair’s financial dealings for the past six years.
Subsequently, the players want the CS for Sports and Heritage to appoint an interim committee consisting of them and any others, to manage and govern the team to draft a new constitution that is in conformity with Sports Act within 60 days.
The applicants argue that on February 17, this year, Janmohammed, who had resigned as chairlady and Rajar Sarkar, a respondent in the matter, resigned as executive committee and council members.
“Their resignations were followed in quick succession by the purported resignations effected orally, of Rajesh Patel, Sanjay Patel, Upesh Patel and Tom Tikolo both respondents who have failed to tender written resignations as required by the law of CK Constitution,” court documents say.
“Following the enactment of Sports Act of 2013 which came into operation on August 1, 2013, Cricket Kenya was required to apply for registration under sections 46 and 49 of the Act within one year after they commenced the act.”
The applicants say for the purposes of registration under the Act, the association is required to submit the CK constitution which must contain provisions of the second schedule act into operation. They claim even after tabling a notice of declaration dispute dated March 2 to CK and other stakeholders, the respondents have to date failed or neglected to rectify the breaches.
“As CK is the only national cricket organization in Kenya, the issues canvassed in these proceedings are of national interest as they impact the whole cricket fraternity and by extension membership in the International Cricket Council (1CC) and the Africa Cricket Association (ACA),” they argue. Sports Registrar and Sports CS have been listed as interested parties.
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