8 May 2017

Kenya: High Court Extends Orders Stopping Nock Polls

The orders stopping the planned elections of the National Olympic Committee Kenya have been extended till next month when all the parties in the dispute will be heard.

The orders, which were to lapse yesterday, had initially been issued last week by High Court Judge Chacha Mwita, in an urgent application filed by the Kenya Taekwondo Association.

The association's case however faces a major legal hurdle after the Sports Registrar at the Ministry of Sports, Culture and the Arts, filed court papers saying it is not a legally registered

association, does not have a certificate of registration and is therefore operating illegally.

"A body is not a sports organisation unless transited under section 50 of the Sports Act No. 25 or issued with a certificate from our office," said Sports Registrar, Ms Rose Wasike, in her court papers.

The Kenya Taekwondo Association alleges that it is entitled to nominate a representative member to participate in the actual voting of the membership of Nock's executive committee.

However, Centre for Multiparty Democracy-Kenya, acting as an election agent to Nock, "has through a ruling dated May 2, this year, barred us from nominating or taking part in the voting at the elections of Nock's executive committee, without justifiable cause", the association argued.

The Kenya Taekwondo Association argues that the decision by Centre for Multiparty Democracy-Kenya, is an infringement on its constitutional right.

"Further, that the decision made on May 2, is a complete turnaround as the election agent to Nock had just recently through a decision made on April 25, cleared Kenya Taekwondo Association to participate in the elections which were set to be held on May 5," the association argued.

Centre for Multiparty Democracy-Kenya has in response urged the High Court to dismiss the case, saying that the Kenya Taekwondo Association does not have the legal capacity to file the case.

The judge directed the Kenya Taekwondo Association to serve its court papers to all Nock affiliates who are going to be affected by the directions made in the case.

The case will be heard on June 21.


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