High Court quashes Athletic Kenya constitutional amends, orders for fresh election

The High Court in Nairobi through Judge Lawrence Mugambi in a judgment dated March 7, 2024, involving Athletic Kenya and Moses Tanui, Julius Korir, and co. has quashed the Athletics Body 2016 constitutional changes that were made during the federation's Annual General Meeting on 27th April 2016 purportedly to bring in harmony with the Sports Act,2013 and ordered for new elections in the next 90 days.

Moses Tanui, Julius Korir, Julius Kariuki, Christopher Kosgei, Wilson Boit, Susan Sirma, Leah Malot, Nixon Kiprotich, Hosea Kogo, and Mary Chemweno had sued the AK through its officials over several issues revolving around the body including doing amends without involving all the members as per the Sports Act.

In his judgment, Mugambi ruled that Athletic Kenya should carry out a further review of its constitution adopted or ratified on 27th April 2016 within the next 90 days, to consider views gathered during the last review to enhance inclusivity

Justice Mugambi further instructed that AK officials who have been in office for a cumulative of 8 years since the coming into force of the Sports Act have served their term limits in full and should vacate the office.

The High Court added that the officials are ineligible to contest for any position in the AK. This includes the body's president, Jack Tuwei.

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In their prayers to the court, the complainants were seeking the corridors of justice to issue an order of certiorari to quash the Certificate of Registration issued on 18th December 2017 by the Ministry of Sports to the AK, registering it as a National Sports Organization.

A declaration that the constitution of Athletics Kenya, registered under the Societies Act, lapsed on 1st August 2014 upon the expiry of the one year prescribed by Section 49(1) of the Sports Act, 2013.

The petitioners further wanted a declaration to be given that, by dint of Articles 36 and 81 of the Constitution as read with Sections 46 and 49 of the Sports Act and the Second Schedule thereof, the current officials and Executive Committee of AK are not lawfully in office.

The Tanui-led team was keen to have the high court further declare that by dint of Articles 36 and 81 of the Constitution as read with Sections 46 and 49 of the Sports Act and the Second Schedule thereof, the AK’s constitution made, adopted, and/or ratified on 27th April 2016 is illegal, null, and void ab initio.

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Partial statement from the Judgement

103. Guided by the above authority, I grant the following reliefs:

a) Given that the act of registration confers the 1st Respondent monopolistic status as the only registered National Sports Organization in the athletics discipline by dint of Section 47 (1) of the Sports Act, a declaration be and is hereby issued that the 1st Respondent has a duty to the public to conduct its affairs having due regard to public interest and is thus enjoined by Article 10 (2) of the Constitution and Section 46 (6) of the Sports Act to consult with the public and demonstrably give due consideration to concerns raised by the public while formulating or reviewing its policy documents.

b) An order be and is hereby issued directing the 1st respondent to carry out a further review of its Constitution adopted and/or ratified on 27th April 2016 within the next 90 days of making this order to consider 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.

c) An order be and is hereby issued that by dint Sections 46 and 49 of the Sports Act and the Second Schedule thereof, the officials and Executive Committee of the 1st respondent who have been in office 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. They shall be ineligible to contest for any position in the organization.

d) Each Party to bear its costs of this Petition.

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