
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.
Author

Must See
-
Athletics
/ 8 years agoFaith Kipyegon gets 80% of votes for Women Athlete of the Year
Kipyegon was the 1500 GOAT two years ago and has only improved since then....
By admin -
Athletics
/ 8 years agoKelvin Kiptum beats Lyles, Duplantis and Crouser in Men’s Athlete of the Year poll
Picking a men’s athlete of the year has been controversial in 2023. So controversial...
By admin -
Uncategorized
/ 8 years agoGudaf Tsegay Destroys WORLD 5000m RECORD
Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut...
By admin

Athletics News
We provide an in depth view of local athletics matters, on and off the track and Road, Locally, Regi
5 days ago
Rukia Nusra: The Soldier Defying Limits, One Hurdle at a Time! - Athletics News
www.athletics.co.ke
Born in Nairobi and raised in western Kenya, the sound of a whistle blowing was a normal part of Rukia Nusra Omulisia’s mornings. Her father, a FIFA-certified referee, instilled discipline [...]5 days ago
World Athletics set to introduce cheek swab tests for transgender athletes - Athletics News
www.athletics.co.ke
All track and field athletes wishing to compete in the elite women’s category will be required to prove they are biologically female via a cheek swab under new rules set [...]6 days ago
Emmanuel Kemboi wins Riyadh Marathon - Athletics News
www.athletics.co.ke
Kenya’s Emmanuel Kipchumba Kemboi took the top honors at the fourth edition of the Riyadh Marathon, on Saturday (08) in Riyadh, Saudi Arabia. Kemboi took the honors in 2:08.32 and [...]6 days ago
Hong Kong Half Marathon winners stripped off their Titles - Athletics News
www.athletics.co.ke
Two Chinese runners were disqualified for wearing the wrong bibs at the 27th edition of the Standard Chartered Hong Kong Marathon, on Sunday (09) in Hong Kong, China. The officials [...]6 days ago
Bethwell Rutto wins Hong Kong Marathon - Athletics News
www.athletics.co.ke
Kenya’s Bethwell Kipkemboi Rutto endured the chilly morning weather to claim the men’s title at the 27th edition of the Standard Chartered Hong Kong Marathon, on Sunday (09) in Hong [...]