KEINO MOVES TO COURT: Nock officials seek orders to quash Wario’s decision

Sports Cabinet Secretary Hassan Wario has been taken to court over the disbandment of the National Olympic Committee of Kenya (Nock).

Three senior Nock officials led by the association's president, Kipchoge Keino, moved to court yesterday under certificate of urgency, seeking orders to quash Wario’s decision to disband the association.

Keino lodged the application together with secretary general Francis Kinyiri Paul and treasurer Fridah Shiroyah who were recently charged in court with abuse of office and theft.

They are also seeking orders to quash the decision of the court that barred them from accessing their offices. The court registry is expected to decide today when their case will be heard.

“Wario does not have powers under the sports Act 2013 or any other law to disband Nock,” said Kinyiri.

The officials claim that on or about August 25, Wario unlawfully purported to disband Nock alleging it to be public interest on unsubstantiated allegations of malpractice of unnamed officials on the just concluded Olympic Games.

Kanyiri claims that contrary to legitimate expectations, Wario has not given any official notification or reasons to the applicants of his decision to disband Nock.

They claim that Wario has frustrated their legitimate expectations with respect to fair administrative treatment. The officials have termed the decision by Wario as unreasonable, irrational and based on no tangible evidence presented or shown to them.

“The decision also violates rules of natural justice and Wario has embarked on an unreasonable campaign of harassment of the Applicants through unnecessary use of the police and security mechanism with the intention of unlawfully crippling the affairs and administration of Nock,” said Kanyiri.

The officials claim that the action is unlawful and not anchored in law and is in breach of the fair administrative action act.They add that the move is in bad faith, unreasonable and irrational given that it will lead to a ban of the Kenya Olympic movement by the International Olympic Committee (IOC).

Last week, IOC had threatened that it will ban Kenya if the officials were not allowed to use their offices while investigations continue against them of any wrong doing.

They are accusing Wario of acting on unsubstantiated allegations of malpractice on the part of unspecified officials on the just concluded Olympic Games.

Wario is also faulted for failing to make any inquiry from the officials about the happenings during the Olympic Games and question them on the alleged accusations before disbanding Nock.

They claim that purporting to transfer the functions of Nock to a government agency —Sports Kenya— is irrational since it is not a recognised organ under the Olympic Charter.