By sportsnewsarena correspondent
Feb 06, 2017
The high court has rejected the Government’s move to disband the National Olympics Committee of Kenya, NOCK, allowing the officials to resume their duties.
The Cabinet Secretary of Sports Dr Hassan Wario on August 25 disbanded NOCK alleging several issues of malpractice by the official led by its Chairman Kipchoge Keino at last year’s Rio games, citing the sports act.
But Judge George Odunga argued that Wario had no authority and acted unreasonably and in blatant disregard of the law.
“The Respondent has not justified its action on any positive law. It is now trite that for an executive decision to be justified, it must be based on some legally recognized-provision or policy. Executive power must therefore be exercised within the lawful bounds or parameters and ought not to be misused or abused,”Odunga noted in his ruling which was filed by NOCK lawyer Edward Rombo on behalf of the officials led by Kipchoge alongside, the Secretary Francis Paul and Fridah Shiroya the Treasurer.
Rombo had disputed takig the matter to the Sports Tribunal as stipulated in the Sports Act which the judge concurred that it only deals mainly with appeals against decisions made.
“It is therefore clear that the 1st Respondent's decision is not covered thereunder and cannot be the subject of determination by the Sports Tribunal.” Judge Odunga argued that Wario had acted irrational and contravened the Olympic Charter by purpoting to have transferred the running of the NOCK to Sports Kenya.
“Disbanding NOCK was for ulterior reasons and aimed at shielding himself from the strong public criticism he had faced for the many blunders and scandals that have marked his tenure as CS,”the judge contended as he quashed the decision.
The international Olympics Committee also opposed the dissolution and instead agreed on a tripartite roadmap overseen by the Lausanne based body, incorporating the Ministry, the affiliates of NOCK and the NOCK to revise the constitution and also draw up a roadmap for the elections of new officials.
However, the Kipchoge led team said they have not made any inroads as the minister had refused to conform to the understanding that he must lift the order dissolving the NOCK, that would then allow his team to assume office and follow the directive by the IOC .