The High Court has ordered Athletics Kenya (AK) executive committee to vacate office immediately.
In his verdict on Thursday, Judge Lawrence Mugambi ruled: “An order be and is hereby issued that by dint Sections 46 and 49 of the Sports Act and the Second Schedule thereof, the officials and Executive Committee of the 1st respondent who have been in office for a cumulative period of eight years since the coming into force of the Sports Act have served their terms in full and must forthwith vacate office. They shall be ineligible to contest for any position in the organisation.”
“A declaration that by dint of Article 36 of the Constitution as read with Section 46 of the Sports Act, all athletes including the petitioners are entitled to be members of the 1st respondent (Athletics Kenya) in their individual capacity.
That the officials, including the chairperson, Lt. Gen (retired) Jackson Tuwei, are ineligible to run for any post in the organisation in subsequent elections.”
The judge also asked the local governing body to examine its constitution, which was passed on April 27, 2016.
The petitioners include Moses Tanui, Julius Korir, Julius Kariuki, Christopher Kosgei, Wilson Boit, Susan Sirma, Leah Malot, Nixon Kiprotich, Hosea Kogo and Mary Chemweno.
Athletics Kenya (Sued as an organisation and through its officials Lt. Gen. (Rtd) Jackson Tuwei and Paul Mutwii leads the respondents alongside David Miano, Cabinet Secretary, Ministry Of Sports, Culture and Arts, Registrar of Sports, Registrar of Societies and the Attorney General.
Judge Mugambi said the respondents had a duty to the public to manage their business by public interests. He advised them to establish or review Athletics Kenya’s policy documents as per the Sports Act 2013.
“First respondent (AK) to carry out a further review of its Constitution adopted and/or ratified on April 27, 2016, within the next 90 days of the making of this order to consider public views gathered during its last review for purposes of enhancing inclusivity, democratic representation of various players in the athletics discipline into the 1st Respondent’s top decision-making organ and to guarantee enhanced transparency in areas of concern raised by the public/stakeholders,” the ruling also read.
Each party will bear its costs.
Meanwhile, Athletics Kenya said they will respect the High Court ruling by Justice Lawrence Mugambi.
However, the Local athletics body said their lawyers are looking into the ruling to seek an appeal in the next month as provided for by the law.
In the meantime, AK said operations at Riadha House will continue as normal.
