By Kisenge Meshack
Published March 12, 2024
The National Executive Committee officials of Athletics Kenya (AK) can rest easy after the High Court in Nairobi granted them a stay order barely a day after ordering their vacation from office.
On March 7 the High Court had dropped a bombshell after ordering the Executive Committee of AK, who had served for two consecutive terms, to pack their bags with immediate effect. Justice Lawrence Mugambi had also ordered the body to review its constitution which was ratified in April 2016, after sourcing views from stakeholders, to hold elections within 90 days.
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In his ruling Mugambi had further barred the executives from contesting for any position in the body in the fresh elections, by virtue of them having served for two terms as stipulated in the Sports Act of 2013.
“The officials and Executive Committee of the 1st respondent (Athletics Kenya) who have been in office for a cumulative period of 8 years… have served their terms in full and must forthwith vacate office,” the judgment reads.
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The case however took an interesting turn on March 8 after AK successfully sought a stay order challenging the initial decision to ungraciously bundle them out of office, and hold elections within three months from the same court. The High Court granted AK their prayers for an injunction in what is deemed as a tactful move not to scuttle the planning and execution of successful outings in the African and Olympic Games, among other activities in the AK calendar.
AK conducted trials for the African Games on March 6 and 7 at Nyayo National Stadium before handing over the selected athletes to the Kenya National Sports Council (KNSC), the body mandated to manage affairs of the Games.
With the Paris 2024 Olympics around the corner, AK will play a significant role organising the trials, selecting athletes who meet the qualifying times, before handing over the team to the National Olympic Committee of Kenya (NOC-K).
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Ordinarily, AK would have gone to the polls every four years just like any other sporting federation, but that hasn’t been the case since 2012 due to a court case that has dragged, under unclear circumstances.
The case was filed by two-time Boston Marathon champion Moses Tanui with nine other petitioners in 2016 with AK President Lt Gen (Retired) Jackson Tuwei, his deputy Paul Mutwii and treasurer David Miano listed as part of the respondents.
Tanui and the rest of the petitioners had sought to bar AK from implementing the constitution adopted and ratified in an Annual General Meeting (AGM) held in 2016 terming the process illegal null, and void.
Tuwei was in 2023 elected the World Athletics Vice President during the 54th World Athletics Congress in Budapest, Hungary becoming the first Kenyan to hold the influential position.
The AK supremo also serves as the Confederation of Africa Senior Vice President.
Tuwei who took over at AK after former President Isaiah Kiplagat was suspended over graft allegations in 2015, a year that witnessed dramatic events at the body after several athletes staged protests at the offices, demanding the resignation of certain officials.
The latest development from AK comes hardly a month after Kenyan Sports Minister Ababu Namwamba distinctly reiterated the significance of sporting federations officials strictly adhering to the two-term limit and conduct business legally.
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Since his return, Namwamba has time without a number implored federations to align their constitutions to the Sports Act 2013 which was enacted during his first stint as the Minister of Sports.
He has also been vocal about the importance of federations in developing youth programs, upholding ethics, and submitting to the rule of law.
The Sports Registrar stated in February 2024 that the current Football Kenya Federation (FKF) President Nick Mwendwa is ineligible to contest in the polls slated for October having served for two terms.
