The High Court has reinstated the National Olympics Committee of Kenya (NOCK) after quashing the decision by the Cabinet Secretary for Sports, Arts and Culture Hassan Wario to disband it.
While delivering his ruling, Justice George Odunga said the minister lacked powers to disband the committee.
“The CS had no legal authority under the Sports Act to disband the NOCK committee and replace it with a Government agency to oversee the sports activities,” ruled Odunga.
The judge added that the decision to send home the officials headed by sports guru Kipchoge Keino , Francis Kinyili Paul and Fridah Shiroyah was illegal , ill-informed and driven by ulterior motive.
The judge ordered the minister to pay costs of the case that was filed by lawyer Edward Rombo for NOCK committee.
Now the Keino Committee which is the only sports body recognized by the International Olympics Committee (IOC) to manage the sporting activities in the country will resume duty immediately, the agency appointed by the CS in its place equally exits as it has no mandate to run sporting activities.
Justice Odunga agreed with Mr Rombo that the minister lacked jurisdiction to disband NOCK which is affiliated to and recognized by the IOC as the sole body in Kenya mandated to handle sporting affairs of the International Olympic Committee (IOC) and the Commonwealth GamesFederation (CGF) amongst others.
The judge said the minister did not give any cogent reasons of disbanding the Nock committee on August,25,2016 when it was supposed to organize team Kenya which shook the world at the Rio Olympic Games by storm.
The committee informed the judge the minister acted to shield himself from the strong public criticism he had faced for the many blunders and scandals that have marked his tenure as CS.
The judge said the minister did not controvert the accusations leveled against him by the committee.
“The minister has not justified his action of disbanding the committee. 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,” ruled Justice Odunga.
The judge said the case filed by the Nock members is merited befitting orders to quash the minister’s decision to be granted.
“The decision to disband the National Olympics Committee of Kenya by the minister on August,25, 2016 is hereby quashed with orders he pays costs,” the judge ruled
