Court nullifies FIA Safari Rally organising agreement signed by Muturi

A Nairobi court has nullified an agreement signed between the World Rally Championship (WRC) and suspended Kenya Motor Sports Federation chairman Maina Muturi.

Milimani senior principal magistrate Anne Nyoike said the FIA World Rally Championship 2025 event organising agreement signed by Muturi and Federation Internationale I’Automobile (FIA) has no legal basis, as it was done in defiance of a court order.

The agreement was signed on January 25, 2025, when the court issued an order directing Muturi to cease acting as the KMSF chairman, pending the determination of a case brought by the federation.

“As a result, I find the agreement executed by the respondent to be null and void for lack of legal basis. The application is in essence allowed and the respondent is hereby held to be in contempt of court,” said the magistrate.

Consequently, Muturi was directed to appear before the court on March 25, to show cause why he should not be committed to civil jail, for disobeying a court order.

The court said by executing the agreement, Muturi engaged in the official affairs of the federation and as such, he did so without legal basis as there were subsisting court orders prohibiting him from engaging in the management of KMSF.

The court noted that Muturi did not dispute the fact that there were orders against him directing him not to involve himself in the management of the federation.

The magistrate said Muturi failed to provide evidence that he executed the agreement in any other capacity and not on behalf of the federation.

In the application, James Kahumbura, a director of KMSF said the court issued the order on December 18, restraining Muturi from interfering in any manner with the management of the federation, pending the hearing and determination of the case.

However, on January 25, Muturi signed the agreement with FIA on behalf of KMSF, without its authority.
The championship takes place from March 20 to 23.

On his part, Muturi submitted that the applicant in the case was not the federation but one of the directors “who had chosen to usurp the corporate identity” of KMSF.

He told the court that he and a majority of the directors of the federation were in the process of securing registration of the federation under the Sports Act, a process that was within the mandate of the Ministry of Sports and the Registrar of Companies.

“I must note that the respondent does not dispute that he executed this agreement, he contends that the applicant, is not really Kenya Motor Sports but one of the Directors, James Kahumbura, who has allegedly usurped the corporate identity of the applicant to prosecute his case against the respondent (Muturi),” the court said.

While obtaining the court order in December, Kahumbura told the court that Muturi was elected the chairman of the federation in 2023 and has served for one year.

However, the federation allegedly received formal correspondence from the East African Motor Sports Club, where Muturi was presumed as one of the directors.

The presumed directorship served as the basis for his eligibility and subsequent appointment as chairman of the federation.

Kahumbura said the communication from the club brought into question Muturi’s status within the club, potentially affecting his qualification in his appointed capacity.

The club allegedly informed the federation that its newly appointed board members were Anthony Muraya (chairman), Daniel Muriithi (vice-chairman), Adah Kangogo as secretary, and Caroline Wangari Ngugi-Kamau.

His name, he said, was absent from the list indicating that he no longer held a directorship in the club.

The federation consequently convened a director’s meeting on August 28 with an agenda of addressing club affiliations.

Kahumbura said because Muiruri was not on the list, he could not be recognised as a legitimate representative of the club.