Here to stay! AK obtains stay order from High Court
Athletics Kenya President Rtd Lt Gen Jack Tuwei (right) and Athletics Kenya Vice President Paul Mutwii hand over athletics team to Accra 2023 African Games officials at Nyayo Stadium on March 06, 2024.
What you need to know:
- AK and other respondents have been given 30 days to appeal the ruling in a stay order signed by the High Court Deputy Registrar at Milimani Law Courts, Nairobi dated March 8, 2024
- Justice Lawrence Mugambi, in his ruling coming after eight years since the case was instituted, ordered the current Athletics Kenya executive committee to vacate office after having served a full term of eight years
- Athletics fraternity could again be subjected to another lengthy legal process if AK will lodge a successful appeal against the High Court ruling
Athletics Kenya (AK) Friday got a reprieve after the High Court granted them a stay order, a day after the same court ordered them to vacate office.
AK and other respondents have been given 30 days to appeal the ruling in a stay order signed by the High Court Deputy Registrar at Milimani Law Courts, Nairobi dated March 8, 2024.
Justice Lawrence Mugambi, in his ruling coming after eight years since the case was instituted, ordered the current Athletics Kenya executive committee to vacate office after having served a full term of eight years.
Mugambi said that the officials including AK President Jack Tuwei are not eligible to contest for any position in the organisation but should facilitate a further review of its constitution as per the Sports Act 2013 and pave the way for elections within 90 days.
Tuwei alongside his deputy Paul Mutwii and treasurer David Miano are first respondents in a case where two-time Boston marathon champion Moses Tanui and nine others are petitioners.
Interestingly, the Cabinet Secretary in the Ministry of Sports, Culture and the Arts, now the Ministry for Youth Affairs, Creative Economy and Sports, are the second respondent.
Other respondents in the case were Registrar of Sports, Registrar of Societies and Attorney General
Tanui had sought to stop the implementation of the new Athletics Kenya constitution that had been ratified and adopted at AK Annual General Meeting on April 27, 2016, calling it illegal, null and void.
Others enjoined in Tanui’s petition were Julius Korir, Julius Kariuki, Christopher Kosgei, Wilson Boit, Susan Sirma, Leah Malot, Nixon Kiprotich, Hosea Kogo and Mary Chemweno.
Tanui went to court November 25, 2016 challenging the process undertaken in reviewing the Athletics Kenya constitution in a case that has been amended twice- October 17, 2017 and June 22, 2018.
The Petitioners questioned the Registrar of Sports decision to issue Tuwei with the Certificate of Registration as envisaged under Section 49(1) of the Sports Act alleging that the respondents violated Articles 10, 21, 27, 28, 35, 36, 47 and 50 of the Constitution.
Athletics fraternity could again be subjected to another lengthy legal process if AK will lodge a successful appeal against the High Court ruling.
Uncertainty had engulfed the athletics arena following the ruling with the athletics team proceeding to camp on Sunday ahead of departure to the African Games that were to start on Friday in Accra, Ghana.
The Athletics team for the World Athletics Cross Country Championships scheduled for March 30 is also preparing to go to camp with the World Athletics Continental Gold Tour, the Kip Keino Classic set for April 20 at Nyayo National Stadium.
