The High Court has ordered Athletics Kenya officials to vacate their office premises and hold fresh elections in the next 90 days with the current officials being barred from reelection.
The High Court of Kenya has ordered current Athletics Kenya officials to vacate their offices at Riadha House and plan as they plan to hold elections in the next 90 days.
High Court judge L.N Mugambi also barred the current officials who have been in office for almost nine years from running in the upcoming elections. The current officials include Athletics Kenya president Jack Tuwei, senior vice president Paul Mutwii, and David Miano among other officials.
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In a statement released to the public, Judge Mugambi said that the 1st Respondent (including Tuwei, Mutwii, and Miano) has a duty to the public to conduct its affairs having due regard to public interest.
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He urged that they formulating or reviewing Athletics Kenya’s policy documents to be in line with the Sports Act.
“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 the making of this order with a view to considering 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.
“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 been 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,” the statement further noted adding that each party will bear the costs of the petition.
Meanwhile, the petitioners, led by Moses Tanui demand answers about the process undertaken in revising the Athletics Kenya constitution.
As per the statement, the Petitioner questions the Registrar of Sports' decision to issue the 1st respondent with the Certificate of Registration as envisaged under Section 49(1) of the Sports Act alleging that the respondents violated Articles 10, 21, 27, 28, 35, 36, 47 and 50 of the Constitution.
The petition is dated November 25, 2016, and was amended on October 17, 2017, and subsequently re–amended on June 22, 2018. The petition is supported by the 1st petitioner’s affidavit dated June 22, 2018.
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