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Athletics Kenya president Jackson Tuwei and his executive hounded out of office

Athletics Kenya president Jackson Tuwei and his executive hounded out of office

The High Court of Kenya has issued a momentous landmark ruling in a longstanding case which has effectively sent the Athletics Kenya current office holders home.

In the long-awaited, running into 8 years long court case, the High court issued the ruling not only directing the current office holders to vacate office but also highlighting the deficiencies inherent in the current Athletics Kenya constitution. The court further noted that the current office holders are ineligible to vie for any position in the organization.

In a judgment delivered on Thursday, March 7, 2024, Milimani High Court Judge Lawrence Mugambi ordered all the officials and Executive Committee of Athletics Kenya who have been in office for 8 years to leave office after a successful lawsuit by athletes led by Moses Tanui, Wilson Boit and Mary Chemweno.

The judgment in part read as follows, “National Sports Organization in the athletics  discipline  by dint of Section 47 (1) of the Sports Act, a declaration be and is hereby issued that the 1st Respondent has a duty to the public to conduct its affairs having due regard to public interest and is thus enjoined by   Article 10 (2) of the Constitution and Section 46 (6) of the Sports Act to hold consultation with the public and demonstrably give due consideration to concerns raised by the public while formulating or reviewing its policy documents.

b)         An order be and is hereby issued directing the 1st respondent to carry out further review of its Constitution adopted and/or ratified on 27th April 2016 within the next 90 days  of making of 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.

c)         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 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.

The case was brought forward by Moses Tanui 9 others suing Athletics Kenya represented by Lt. Gen. (RTD) J.K Tuwei, Paul Mutwiii and David Miano, with other respondents being Cabinet Secretary, Ministry of Sports, Culture and Arts, Registrar of Sports, Registrar of Societies and the Attorney General. The case has been in the courts since November 2016.

The High Court of Kenya has issued a momentous landmark ruling in a longstanding case which has effectively sent the Athletics Office current office holders home. In the long-awaited, running into 8 years long court case, the High court issued the ruling not only directing the current office holders to vacate office but also highlighting the deficiencies inherent in the current Athletics Kenya constitution. The court further noted that the current office holders are ineligible to vie for any position in the organization.

The judgment in part read as follows, “National Sports Organization in the athletics  discipline  by dint of Section 47 (1) of the Sports Act, a declaration be and is hereby issued that the 1st Respondent has a duty to the public to conduct its affairs having due regard to public interest and is thus enjoined by   Article 10 (2) of the Constitution and Section 46 (6) of the Sports Act to hold consultation with the public and demonstrably give due consideration to concerns raised by the public while formulating or reviewing its policy documents.

b)         An order be and is hereby issued directing the 1st respondent to carry out further review of its Constitution adopted and/or ratified on 27th April 2016 within the next 90 days  of making of 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.

c)         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 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.

The case was brought forward by Moses Tanui 9 others suing Athletics Kenya represented by Lt. Gen. (RTD) J.K Tuwei, Paul Mutwiii and David Miano, with other respondents being Cabinet Secretary, Ministry of Sports, Culture and Arts, Registrar of Sports, Registrar of Societies and the Attorney General. The case has been in the courts since November 2016.

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