Ath­letes sue AK

Ten run­ners led by two-time bos­ton cham­pion Moses Tanui seek orders to bar lo­cal athletics body from hold­ing an AGM and un­der­tak­ing a con­sti­tu­tional re­view process

The Star (Kenya) - - Sports Local -

BY JILLO KADIDA <@jka­dida>>/ Ten ath­letes are in court seek­ing an or­der to bar Athletics Kenya from con­duct­ing An­nual Gen­eral Meet­ing and un­der­tak­ing con­sti­tu­tional re­view process.

The ten be­lieve that the con­sti­tu­tional re­view process the serv­ing of­fi­cials of AK have set in mo­tion is a nega­tion of coun­try’s supreme law and is bound to per­pet­u­ate the ex­ist­ing ‘scan­dal rid­den’ and un­ac­count­able sta­tus quo in the man­age­ment and op­er­a­tions of athletics in Kenya.

The ath­letes are Moses Tanui, Julius Korir, Julius Kar­iuki, Christo­pher Kos­gei, Wil­son Boit, Su­san Sirma, Leah Malot, Nixon Kipro­tich, Hosea Kogo and Mary Chemweno. They sued AK, Sports Cabi­net Sec­re­tary Has­san Wario, Regis­trar of Sports, Regis­trar of So­ci­eties and the At­tor­ney-Gen­eral.

Also sought is an or­der re­quir­ing the Athletics Kenya to fur­nish the ath­letes with cer­ti­fied min­utes and res­o­lu­tion of AGM held on April 27, 2016. They also want to be given cer­ti­fied copy of the amended con­sti­tu­tion of Athletics Kenya ef­fected and adopted by mem­bers on April 27; a copy of cur­rent of­fi­cials of AK, a cer­ti­fied copy of regis­tra­tion cer­tifi­cate of AK and any let­ters to AK and other sports or­gan­i­sa­tions re­quir­ing the amend­ment of their con­sti­tu­tion. The ten ath­letes said there is a high like­li­hood to reg­is­ter AK un­der the Sports Act based on a con­sti­tu­tion that nei­ther re­flects the views of ma­jor stake­hold­ers par­tic­u­larly ath­letes.

They told the court that un­less the con­sti­tu­tional re­view process is stopped, they stand to lose a once in a life time chance to democra­tise the fed­er­a­tion and make its gov­er­nance ac­count­able. His­tor­i­cally, the sport and athletics in Kenya has been gov­erned by AK-which is a fed­er­a­tion af­fil­i­ated to the In­ter­na­tional As­so­ci­a­tion of Athletics Fed­er­a­tions.

Fol­low­ing the pro­mul­ga­tion of new con­sti­tu­tion, the par­lia­ment passed the Sports Act, whose ob- jec­tive is to har­ness sports for de­vel­op­ment. The Act re­quired all na­tional sport or­gan­i­sa­tions to sub­mit ap­pli­ca­tion for regis­tra­tion ac­com­pa­nied by cer­ti­fied copy of its con­sti­tu­tion. Con­se­quently, AK on Novem­ber 2015 an­nounced that it had com­menced a process to re­view its con­sti­tu­tion in com­pli­ance with the Sports Act. The ten ath­letes now say the con­sti­tu­tion un­der which AK is to be reg­is­tered can’t be made through amend­ment of its ex­ist­ing one but a com­plete new one has to be put in place. And due to re­stric­tive com­po­si­tion of the AGM of AK it is not pos­si­ble to se­cure a le­git­i­mate con­sti­tu­tion which em­bod­ies the con­cerns of all stake­hold­ers. And now it wants the re­view process put on hold un­til their case is heard and de­ter­mined. AK is yet to re­spond.

/ENOS TECHE

Ath­letes com­pete dur­ing a lo­cal meet at Nyayo Sta­dium .

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