High Court orders AK to hold fresh elections

The High Court has ordered the executive committee of Athletics Kenya (AK) who have been office continuously for eight years to vacate forthwith.

Justice Lawrence Mugambi further said the officials including the chairperson Lt. Gen (retired) Jackson Tuwei are not eligible to contest for any position in the organisation. 

The judge also directed the organisation to review its constitution, which was ratified on April 27, 2016 after taking views from all stakeholders within 90 days.

Meanwhile, AK has sought a stay order, challenging the High Court ruling that ordered its executive to organise elections within 90 days and vacant office.

Cabinet Secretary for Sports Ababa Namwamba declined to be drawn into the court ruling indicating that he had not gone through it as AK president Jack Tuwei also declined to comment further.

“I am from a cabinet meeting at the State House and you are just breaking the news to me,” said Namwamba, who was presenting the national flag to the athletics team for African Games at Weston Hotel on Thursday. 

Interestingly, the Cabinet Secretary in the Ministry of Sports, Culture and the Arts, now the Ministry for Youth Affairs, Creative Economy and Sports is the second respondent in the case.

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.

“I haven’t seen the ruling. It’s you who are telling me about it. I have just arrived this morning from Morocco and straight to the cabinet meeting. I came straight from State House to give our athletes the flag and blessings,” said Namwamba while fielding questions from the press.

“I am an advocate and I can’t comment on something I haven’t been given the benefit of seeing let alone digesting it,” explained Namwamba, who promised to release a statement after going through the ruling.

Tuwei declined to comment on the issue saying that courtesy can’t allow him to talk after the minister had commented on the ruling as he brushed the cameras aside.

However, in a separate interview, Athletics Kenya committee member Barnaba Korir, who is also the director of youth and development, said that their lawyers were making frantic efforts to get a stay order.

Justice Lawrence Mugambi ordered the current Athletics Kenya Executive to facilitate a further review of its constitution as per the Sports Act 2013 to pave the way for elections within 90 days.

 “I want to appeal to the athletics fraternity not to panic since we are getting a stay order,” said Korir, explaining that athletics can’t operate in a vacuum when the national teams are preparing for African Games and World Athletics Cross Country Championships.

Korir said that the High Court can’t accuse Athletics Kenya's executive for staying in office for eight years yet it’s the court that has dragged the case.

“We have engaged all the past three cabinet secretaries about the case that has dragged at the courts for years but in vain,” said Korir.  

Mugambi went ahead to bar Athletics Kenya President Jack Tuwei, his deputy Paul Mutwii and treasurer David Miano and the rest of the executive from contesting during the fresh elections, having served a full term.

Tanui and nine others 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.

“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,” said Mugambi in his ruling. “They shall be ineligible to contest for any position in the organisation.

Mugamba told Tuwei and his group to carry out further review of its Constitution that was adopted and ratified on April 27, 2016 within the next 90 days of making of this order.

“This is 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," read the ruling.

Given that the act of registration confers Tuwei and other first respondents monopolistic status as the only registered National Sports Organisation in the athletics discipline by dint of Section 47 (1) of the Sports Act, they have a duty to the public to conduct its affairs having due regard to public interest.

“Thus they are 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,” said the ruling.