Court hands Kenya Aquatics reprieve in Paris Olympics team manager row

Kenya Aquatics has received a boost in its recent application seeking to bar the seconding of Jen Monyo Maina as the designated team manager for the Kenyan swimming team at the Paris 2024 Olympic Games.

The federation, challenging two Sports Dispute Tribunal (SDT) decisions this year to appoint and second Maina, got a reprieve on Wednesday as the Judicial Revision Division of the High Court ordered a stay of the rulings mentioned above until their application is heard on Monday 29 July.

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In addition, Hon. Justice J. Ngaah ordered that the Disputes Tribunal should file and serve their responses on the application by the hearing date.

Kenya Aquatics initially filed their application at the High Court in Mombasa, where in addition to pleading for a stay order on two SDT decisions dated Monday 24 June and Wednesday 17 July, sought to be allowed to apply for a judicial review order that would as a result squash the rulings.

Kenya Aquatics, who have also named National Olympic Committee of Kenya Secretary General Francis Mutuku and Collins Marigiri as interested parties, argue that SDT acted beyond its legal powers in “appointing and seconding” team managers, while also accusing it of “clothing itself with the jurisdiction of the High Court.”

This comes after the Sports Tribunal declared Kenya Aquatics’ list of requirements for consideration to be a team manager as “irregular, null and void, and unlawful.”

The federation required a team manager to be a Kenyan citizen residing in the country.

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“The decision to appoint the team manager lies with the applicant,” Kenya Aquatics argued. “Even after nullifying the criterion, SDT ought to allow the federation to appoint and second a team manager afresh without disqualifying any candidate on account of the impugned criterion.”

Marigiri in his affidavit before Justice Olga Sewe stated that SDT’s decision to second Maina, who is also a parent to a Kenyan swimmer, as discriminatory, given the competitive process other candidates go through.