Court of Appeal clears Athletics Kenya bosses to stay in office
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Reading Time: 2min | Sat. 22.03.25. | 18:02
In March 2023, the High Court directed Tuwei and his executive team to leave office, citing an extended tenure beyond the stipulated term limits.
Athletics Kenya (AK) officials, including President Lt. Gen. Jackson Tuwei, will continue serving in office after a favorable ruling by the Court of Appeal on Friday.
The appellate court overturned a 2024 High Court decision that had ordered the AK leadership to step down.
Justices Pauline Nyamweya, Aggrey Muchelule, and George Odunga ruled that the petitioners had not sought orders barring the officials from seeking re-election.
“In the premises, we allow the appeal and set aside the orders directing the officials and Executive Committee of the appellant to forthwith vacate office and that they are ineligible to contest for any position in the organization,” the judges stated.
In March 2023, the High Court directed Tuwei and his executive team to leave office, citing an extended tenure beyond the stipulated term limits.
The ruling also declared them ineligible to seek re-election.
However, the Court of Appeal noted that while the officials had been in office for a cumulative eight years, their extended tenure was legally protected.
The judges referenced a consent order issued on May 10, 2017, which halted elections initially scheduled for April 27, 2017, pending a constitutional review of the organization.
During this transition period, the officials remained in office to ensure governance continuity.
The court ruled that their tenure during this period should not be counted as an overstay.
The judges further observed that the Sports Act did not explicitly provide for the removal of AK officials under the sections cited by the High Court judge.
“We agree that sections 46 and 49 of the Act, which the learned Judge relied upon to remove the appellant’s officials from office, did not provide for their removal. Accordingly, the learned Judge erred in relying on irrelevant legal provisions,” the ruling stated.
The case had been filed by former marathon champion Moses Tanui and nine other individuals who challenged the legitimacy of AK’s leadership.
They sought to have all athletes recognized as members of the organization and called for a complete overhaul of its constitution.
The High Court had initially ruled in their favor, directing that athletes be included in AK’s decision-making structures and that the organization review its constitution.
With the Court of Appeal's ruling now in place, Tuwei and his team retain their positions, paving the way for continued leadership within Athletics Kenya.
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