Court stops Athletics Kenya's constitution review and registration

The High Court has stopped the constitution review process and registration of the national athletics governing body, Athletics Kenya.

Justice Edward Muriithi issued the temporary order on Thursday after 10 former athletes challenged the process in court claiming it was shrouded in secrecy and there had been no consultations with key stakeholders.

“Pending the hearing and determination of this matter, an order is hereby issued to restrain AK by its officials, executive council and members of the Annual General Meeting from undertaking any constitutional review process and adopting a new one as earlier planned,” Justice Muriithi ordered.

The judge also certified the case as urgent. The case will be heard on December 9.

The athletes sued AK officials, the Sports Cabinet Secretary, the Sports Registrar, the Registrar of Societies, as well as the Attorney-General.

AGGRIEVED ATHLETES

The aggrieved athletes are Moses Tanui, Julius Korir, Julius Kariuki, Christopher Kosgei, Wilson Boit, Susan Sirma, Leah Malot, Nixon Kiprotich, Hosea Kogo and Mary Chemweno.

Acting AK’s president Jackson Tuwei, senior vice president and director of competitions Paul Mutwii as well as David Miano are listed in the suit.

Through lawyer Kibe Mungai, they athletes claimed that the law requires a sports organization to be registered and be open to the public in its leadership as well as membership.

AK started a process last year to review its constitution so as to align itself with the Sports Act.

The athletes now want it declared that all athletes are entitled to be members of AK in their individual capacity and that Sports Cabinet Secretary Hassan Wario be compelled to form a committee to preside over the review process.

They further want to be furnished with copies of the resolutions of the April 27 AGM minutes, the amended constitution, list of current officials and registration certificate.