The High Court of Kenya has ordered Athletics Kenya (AK) officials led by President Jackson Tuwei to vacate office with immediate effect.
The order was given through a judgement delivered on March 7, 2024, by Milimani High Court Judge Lawrence Mugambi who gave a directive that the Executive Committee and all the officials who have been in office for 8 years vacate the positions immediately.
“An order 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 (Athletics Kenya) who have been in office for a cumulative period of 8 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 organization,” Judge Mugambi directed.
This ruling was delivered following a successful lawsuit by athletes led by Wilson Boit, Julius Kariuki, Moses Tanui, Mary Chemweno and six others.
In his decision, judge Mugambi ordered the national athletics governing body to conduct fresh elections in compliance with the Sports Act and the Kenyan Constitution, barring all the current officials under the leadership of President Tuwei from participating in the polls.
The judge concurred with the ten athletes who had made the petition that the serving officials are not eligible candidates having been in office since April 17, 2013, when Athletics Kenya held its last elections.
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Court orders new elections at Athletics Kenya
He further called for new elections of the federation officers and the Executive Committee, ordering them to carry out a review of the Constitution adopted and or ratified on April 27, 2016, within the next 90 days.
The order was given since the earlier constitutional review process which was set by the federation in motion was flawed as proper public participation was not adhered to.
“An order is hereby issued directing Athletics Kenya to carry out further review of its Constitution adopted and/or ratified on April 27, 2016, within the next 90 days of making this order with a view to considering 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 judge stated.
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Petition
This petition, which was first tabled by the ten former Kenyan athletes in 2016, was amended 2017 and subsequently re-amended in 2018.
It revolved around the process undertaken in revising the Athletics Kenya constitution, with the petitioners questioning the Registrar of Sports’ decision to issue David Miano with the Certificate of Registration as envisaged under Section 49(1) of the Sports Act.
The petitioners alleged that the respondents violated various articles of the Constitution.
They informed the court that in November 2015, the AK commenced the process of reviewing its constitution so that its provisions can be compliant with the Constitution of Kenya and the Sports Act.
“This process involved a number of meetings held to discuss the amendments to the constitution. The main one was an Annual General Meeting (AGM) scheduled to take place on April 27, 2016, which approved the constitution on that very day, ” read part of the petition.
In the petition, the ten argued that the decision taken to amend the Athletics Kenya’s constitution was null and void for it was in breach of the Sports Act and the Constitution.
