- Casper Cheruiyot, Evans Siro, John Wanzau and Edward Mwaura argue that the delay in appointing a caretaker committee has led to a significant deterioration of Athletics in Kenya.
- The same, they say, has also contributed to poor results and demotivation among athletes.
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Four Kenyans have filed a case in court seeking to have Sports CS Kipchumba Murkomen ordered to appoint a caretaker committee to manage Athletics Kenya.
Casper Cheruiyot, Evans Siro, John Wanzau and Edward Mwaura argue that the delay in appointing a caretaker committee has led to a significant deterioration of Athletics in Kenya.
The same, they say, has also contributed to poor results and demotivation among athletes.
"The CS is bound by section 54 of the Sports Act to appoint any person or committee to assume the management, control and conduct of the affairs of a sports organization where the organization concerned has been unable to conduct its affairs in a proper manner," they argued.
It says once the committee is appointed, an order should be issued amending the Athletics Kenya Constitution and subsequently conducting elections within 90 days.
They argue that the Sports CS has authority to intervene in the affairs of Athletics Kenya which has brought the sporting discipline into disrepute.
They say the CS and PS are bound by the constitution to observe, oversee and manage sports matters and in dealing with sports in Kenya.
"The CS is bound by section 54 of the sports act to appoint any person or committee to assume the management and conduct the affairs of a sports organization where the sports organization concerned has been unable to conduct its affairs in a proper manner," they argued
They added that the Sports CS has the authority to intervene in the matter.
According to the court documents, Athletics Kenya is faced with persistent governance problems such as failure to hold regular elections, lack of transparency in decision making or conflict of interest among executive committees of Athletics Kenya.
The same, they say, has damaged the state of athletics in Kenya which has ultimately affected the performance of Kenya in the Olympics.
"There is an urgent need for elections of new officials and subsequently amending the Athletics Kenya Constitution," read their documents in part.
The caretaker committee they say will be able to coordinate elections of officials of the Athletics Kenya, according to the Sports Act and the Sports Registrar Regulations of 2016 and thereafter hand over the management to the newly elected officials after the election.
Justice John Chigiti directed the application to be served on the respondents within seven days.
The respondents are listed as CS Sports, PS Sports, Ministry of Sports, Executive Committee on Athletics Kenya and Sports Registrar.
The respondents will then file and serve their responses to the application within 14 days of service.
The matter will be mentioned on November 18 to secure a ruling date.