The Court of Appeal has overturned a ruling by the High Court that orders officials of Athletics Kenya to vacate office.
Court of Appeal judges Pauline Nyamweya, Aggrey Mchelule and George Odunga noted that petitioners did not get orders that barred AK officials from seeking re-election.
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“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,” said the judges
Executive officials of Athletics Kenya were in March last year ordered to vacate office on grounds that they have exceeded their term limit.
The court also ruled in favor of the decision saying that the officials were ineligible to vie for any position moving forward.
The Court of Appeal concurred with the ruling of the High Court on term limit saying that it was true that they had overstayed in the office but noted a May 2017 plea seeking to challenge April election.
“It cannot therefore be said that during the said period, a period when the said officials had to be in the office, courtesy of a legal provision, in order to effect the transition, the said officials could be said to have been in the office for the purposes of computing their tenure in the office.
To do so would presume that the said officials and executive committee members ought to have vacated their offices with the result that there would have been no one in the office to carry out the transition,” said the judges
The case had been filed by athlete Moses Tanui alongside nine others who challenged the stay of Athletics Kenya officials.
