Why Athletics Kenya officials are not ready to leave office despite court order

Athletics Kenya officials have now moved to court to challenge the High Court ruling that ordered them to vacate office with immediate effect.

Reports have indicated that the officials have moved to get a stay order allowing them to continue being in office.

Speaking to a local publication, a top Athletics Kenya official noted that an injunction would allow them to continue with the preparations for the African Games taking place in Ghana and the Paris Olympics.

The officials noted vacating office would jeopardize preparations for the Kenyan teams.

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“We can’t let it go, at least for now. This is because things will be in disarray remembering that we are already preparing our athletes for major events this year.

But we respect the ruling and we have dispatched our lawyers to do the necessary as we think about the way forward,” the official told Citizen TV.

The current Athletics Kenya leadership comprises President Tuwei, his deputy Paul Mutwii, David Miano (Treasurer), Barnaba Korir, Dimy Kisalu, Benjamin Njoga, and Elizabeth Keitanny as members.

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What the Ruling Said

 Judge L. N. Mugambi said the officials, led by its President Tuwei and the Executive Committee of Athletics Kenya, who have been in office for eight years since the coming into force of the Sports Act, have served their term in full.

Justice Mugambi further said the officials are not eligible to contest for any position in Athletics Kenya.

While making the ruling, Justice Mugambi further directed Athletics Kenya to review its constitution and hold fresh elections in the next 90 days.

“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 first respondent who have been in office in office for a cumulative period of eight 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 organisation,” read the judgment in part.

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Sports Cabinet Secretary Ababu Namwamba has not responded to the court ruling and the latest step taken by Athletics Kenya officials to get an injunction.

The ruling was made in a petition which was filed by two-time Boston Marathon champion Moses Tanui and eight others. Tanui listed Athletics Kenya, the Ministry of Sports, the Registrar of Sports and the Attorney General.

Their fate however depends on the court's decision following the filing of an injunction.

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