Court stops constitution review, registration of AK

The High Court has stopped the constitutional review process and registration of the national athletics governing body, Athletics Kenya (AK).

Justice Edward Muriithi issued the temporary order after ten former athletes moved to court claiming that the process was shrouded in secrecy and that there have 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 said.

The judge also certified the case as urgent saying that it would be better if the status quo was maintained in the meantime.

The athletes sued AK officials, the Sports Cabinet secretary, the Sports Registrar and that of societies as well as the Attorney-General.

The ten 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 President Jack Tuwei, Senior Vice president and director of Competitions Paul Mutwii as well as Mr David Miano are the officials listed in the suit.

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

AK, a federation affiliated to the International Association of Athletics Federations (IAAF), started a process to review its constitution so as to be in line with the Act and held an AGM in November 2015.

The athletes now want it declared that all athletes are entitled to be members of AK in their individual capacity and that Sports CS 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, registration certificate as well as any letters to other sports organizations about the review process.

The case will be heard on December 9.

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