Four Kenyans have moved to court seeking orders to compel the Ministry of Sports to appoint a caretaker committee for Athletics Kenya (AK).
In a matter certified as urgent the four sports enthusiasts argue that the persistent governance problems at AK have been detrimental to the state of athletics in the country and which has subsequently affected the performance of Kenya in the Olympics and other international events.
Casper Cheruiyot, Evans Siro, John Mwania Wanzau and Edward Mburu submitted that CS Sports Kipchumba Murkomen has the authority to intervene in a matter which is detrimental to any sporting discipline.
"There is an existing persistent governance problems such as failure to hold regular elections, lack of transparency in decision making or conflict of interest," the petition stated.
High Court Judge John Chigiti certified the case as urgent and directed the petitioners to serve the Ministry of Sports, Executive committee of AK and Sports Registrar with the court documents.
The court directed the matter to be mentioned on November 18, 2024 to get a ruling date.
In March, High Court judge Lawrence Mugambi had directed AK to review its constitution within 90 after taking views from all stakeholders.
The court had further said the officials including the chairperson Lt. Gen (retired) Jackson Tuwei are not eligible to contest for any position in the organisation.
The officials, however, rushed to the Court of Appeal and obtained an order suspending the judgement.
The four petitioners stated in the case that they are not questioning the court order but the sports ministry can intervene where a sports organisation has conducted itself in a manner that is detrimental to the interest of the relevant sporting discipline or who has brought the sporting discipline.
They want the court to order the caretaker committee will coordinate and ensure the smooth running of AK operations including team preparation for all local and international sporting events.
The petitioners stated that upon appointment of a caretaker committee, the court should direct AK to amend its constitution.
"Section 54 of Sports Act empowers the 1st respondent (CS Sports) to appoint any person to assume the management, control and conduct of the affairs of a sports organisation where the sports organisation concerned has been unable to conduct its affairs in a proper manner," Mburu said in an affidavit.
