Why contentious issues threaten to slow the pace of AK's constitutional review, reforms

Team Kenya are seen on a boat on the River Seine during the opening ceremony of the Olympic Games Paris 2024. [AFP] Contentious issues are threatening to cause another push and pull in the race to reform Athletics Kenya (AK) through a review of its current constitution. As gathering of views in the ongoing AK constitution enters homestretch, a number of issues that are likely to further drive a wedge between the federation and a section of stakeholders who are critical of the local governing body's modus operandi. From the proposed introduction of an athletes' commission which will be mandated with representation of runners' interests, to the battle to give Kenyan athletes the right to take part in the election of AK executives, the fight to uphold rule of law at the country's athletics federation is gathering momentum. AK was in March this year ordered by the Court of Appeal to align its constitution with the country's Sports Act but athletes and stakeholders want an overhaul of the document and the end of protracted legal face-offs that have stalled the conduct of elections for over a decade. But even before March, the battle for reforms at the federation has been raging with a section of stakeholders calling for constitutional reforms and elections. The ongoing collection of views which kicked off last month is coming to a close tomorrow, but some proposals are already contentious. Retired and current athletes have called for sweeping reforms in the AK constitution, pushing for stronger athlete representation, improved governance, and enhanced welfare structures within the federation. According to athletes, the current review should align AK laws with the country's 2010 constitution. But a section of stakeholders maintains that the constitution will only be aligned to the Sports Act 2013 which stipulates election in four-year terms with a maximum of two, which means no executive can serve for a cumulative period of more than eight years. A section of athletes has told the federation that their right to be involved in decision-making and to participate in the affairs of the federation must be safeguarded. Speaking during the ongoing public participation forums and submission of views on the constitutional review, athletes have put forward a series of proposals aimed at restructuring decision-making systems in the federation. Last week, at the stakeholder forum in Eldoret, athletes insisted that they wanted a federation that listens to them and which has administrative structures that operate on the principle of transparency, accountability and fairness. Among key proposals is the establishment of Kenya's Athletes' Commission which will serve similar roles as World Athletics Athletes' Commission, but locally. World javelin gold medallist Julius Yego asked AK to give athlete representatives a permanent seat in the executive committee. According to Yego, who was Team Kenya captain at the World Athletics Championships in Tokyo, Japan, the athlete representatives should wield executive powers. Two-time Boston Marathon winner Moses Tanui proposed during the Eldoret edition of the forums that the national team coaches be elected directly by athletes, arguing that they (athletes) understood who was best suited to guide them. Tanui maintains that the AK structures at the county level should be strengthened to promote talent identification and development across the country's 47 devolved units. According to Tanui, the AK administration should align with devolution as enshrined in the country's constitution. "There is no county in Kenya without athletics talents. That fact must be recognised and entrenched in the AK constitution," Tanui said. But athletics coach, Abdi Rahman who shared his views in Garissa called for strengthening of the current AK regions instead of empowering counties. He argued that strengthening counties could lead to overrepresentation in some regions hence discrimination. "The regional structure has worked well in balancing representation. Moving elections to the county level may lead to inequalities," Rahman said. Former world champion and Olympic silver medallist Janeth Jepkosgei wants strict adherence to affirmative action and gender balancing at the federation. "If the AK President is a man, then the Vice President must be a woman and vice versa," she suggests. Jepkosgei also calls for the creation of a safeguarding office from the sub-county level up to the national level. According to Jepkosgei, who transitioned to coaching after her glorious career on the track, enhanced safeguarding systems will protect athletes from harassment, abuse, and exploitation. "You cannot talk about medals without talking about welfare. Athletes must be protected on and off the track and that can happen when safeguarding is enshrined in the AK federation," Jepkosgei said. Jepkosgei added: "Athletes representatives should also be elected and not handpicked and they should be from each of the gender." The submissions are set to be consolidated before the draft amendment is subjected to ratification. If ratified, stakeholders say, election of executives should follow. In Kapenguria, for instance, stakeholders suggested stringent rules that spell out how the federation will work with other agencies such the Anti-Doping Agency of Kenya (ADAK) in the fight against cheating in the sport. Christopher Koskei, the 1999 world 3000m steeplechase gold medallist, proposes strong male and female representatives elected during the Athletics Kenya elections.

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