Kenya Hockey Union (KHU) has been given 90 days to continue running the sport after Sports Disputes Tribunal threw away a case where Hockey Kenya Federation (HKF) was challenging the constitutionality of KHU.
Tribunal chairman, John Ohaga, in a 12 paged ruling dismissed the petition terming it ‘premature’ while arguing that the tribunal should not hamper or otherwise curtail the functioning of the office of Sports Registrar by dictating what consideration should go into the final registration of organization seeking recognition under the act.
Jalang'o Shocked by ruling
But HKF Vice chairman George Jalang’o who sued the Attorney General, Sports Cabinet Secretary and Sports Registrar termed the ruling a ‘shocking’ while at the same time threatening to go against the act and appeal the decision at the High Court.
“This is a sad day for sports in Kenya,” said Jalang’o who did not immediately appeal the decision but said he will seek for other options
“The Tribunal was put in place to safeguard local sports but from the decision they have made today, it's very clear that they are selective. I will not mince my words. The decision we got today is shocking and skewed,” added Jalang’o.
“As we stand, it’s very difficult for us to go against the Court’s decision but it’s not over yet. We have the right to go to the High Court but we will consult with our lawyer and make a decision. It’s also very clear that we will challenge the decision because KHU did not bring any document as proof that they are registered,” added Jalang’o who has since been barred from accessing Nairobi City Park Stadium which houses KHU secretariat.
Sports Registrar was also directed to facilitate quick registration of the body that will run the national sports. “It is to be noted that the Act places an obligation on the Sports Registrar to continue recognizing the existing sports organization upon its application by use of the word “shall” under section 50.”
"The Tribunal directs Sports registrar to arrive at the decision with regards to the application before it on the organization that will become the National sports organization in charge of Hockey within 90 days from the date of this decision" there you have it.
In dismissing the petition as premature, the tribunal said certain aspects of the affidavit in support of the petition led them into questioning motivations and the organizational structure of the petitioner.
“To that extent therefore, we agree with counsel for KHU that the present appeal is premature and the petitioner must await the final determination of the Registrar,” read part of the ruling.
“In light of the foregoing, it would be speculative to pre-determine the decision of the Registrar therefore the tribunal finds that the appeal is premature.”
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