SEVEN Taekwondo players have lost a bid to have the Commissioner of Sports Gordon Oluoch hold fresh trials for the All Africa Games 2015 in Congo, Brazaville.
Justice Mumbi Ngugi yesterday dismissed their petition, saying it is too late for the court to interfere particularly since it is not satisfied that any violation of fundamental rights has been made out. “What the petitioners are unhappy about are decisions which are not matters for review by the court,” she said.
She added that there are serious problems with the management of the Taekwondo sport arising from management wrangles which she said can’t change the decision of the court.
She said even if the petitioners lawyer submitted that the court can still order new trials as the accreditation does not close, she was unable to point out to the court any rule that provides that accreditation can take place a day before an event. The court also took issue with the petition being filed late questioning why they decided to move to court two months after the trials and less than a month before the start of the games.
“It is evident there was a clear stipulated time-line for accreditation, with the deadline being July 15, 2015. The effect of nullification of the trials held on May 30 this year therefore would in effect mean that the country would have no participants in the sport of Taekwondo and would adversely affect the rights of parties who are not party to the present matter,” she said. Justice Ngugi also noted that the players’ case was contradicting because while their position was that no notice of the trials was given, their own evidence was that they were present at the venue.
“Players had alleged that no formal notices were sent but when the notices are placed before the court, they turn around and argue that actually the notices are not proper as they were not signed or sent by the secretary general of the association but by the chairman,” she said. In the case, Seven Taekwondo athletes moved to court seeking to have fresh taekwondo trials for the All Africa Games in Congo.
The athletes argued they were intentionally left out of trials purportedly held by the commissioner on May 30 for national selection of Taekwondo players to participate in the All Africa Games from September 16-19 this year.
