Nock to resume work after court throws out dissolution bid
National Olympics Committee of Kenya chairman Kipchoge Keino arrives for a meeting at the agency's offices in Nairobi on November 27, 2016. A court has rejected a bid to have the committee disbanded. PHOTO | MARTIN MUKANGU | NATION MEDIA GROUP
What you need to know:
- Judge George Odunga on Monday said Cabinet Secretary Hassan Wario lacks authority to dissolve the agency.
- He said Mr Wario's decision to send the officials packing was illegal and driven by ulterior motive.
The High Court has rejected a bid by the Sports ministry to disband the National Olympics Committee of Kenya (Nock).
Judge George Odunga on Monday said Cabinet Secretary Hassan Wario lacks authority to dissolve the agency.
Judge Odunga said Mr Wario's decision to send the officials packing was illegal and driven by ulterior motive.
"The minister has not justified his action of disbanding the committee. It is now trite that for an executive decision to be justified, it must be based on some legally recognised-provision or policy.
"Executive power must therefore be exercised within the lawful bounds or parameters and ought not to be misused or abused," he ruled.
The committee is headed by Kipchoge Keino, Francis Kinyili Paul and Fridah Shiroyah.
Justice Odunga added that the Sports Act does not bestow the CS with such power.
Mr Wario intended to break up the committee and replace it with a government agency to oversee the sports activities.
He was ordered to pay costs of the case was filed by Nock's lawyer Edward Rombo.
The team, recognized by the International Olympics Committee (IOC), is expected to resume its duties immediately.
The body was disbanded on August 25, 2016 following the Rio Olympic Games fiasco.
"The minister acted unreasonably and in blatant disregard of the law given that he is fully aware that his interference with the affairs of Nock is prohibited under the Olympic Charter; and which will have dire consequences and ramifications for sports in the country, as Kenya will face a likely ban by the IOC," Mr Rombo stated.
