Kenya National Paralympic Committee, Stanley Mutuma,Jairus Mogalo & Ronald Milare v Agnes Aluoch, Dennis Muga,Albert Korir, Francis Kibuchi, John Tita,Leonard Mizigo, Lenna Nyaboke, Elijah Mwandihi, Bernard Ong’ondo, Sospeter Maina,Patrick Muthiani,Henry Wanyoike & Kenya National Sports Council [2014] KEHC 3355 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(CIVIL DIVISION)

CIVIL CASE NUMBER 70 OF 2014

KENYA NATIONAL PARALYMPIC COMMITTEE….1ST PLAINTIFF

STANLEY MUTUMA. ………………………..……… 2ND PLAINTIFF

JAIRUS MOGALO. ……………………………...…... 3RD PLAINTIFF

RONALD MILARE. ……………………………..…….. 4TH PLAINTIFF

VERSUS

AGNES ALUOCH. ……………………………………1ST DEFENDANT

DENNIS MUGA. ……………………………………… 2ND DEFENDANT

ALBERT KORIR. ………………………………….…. 3RD DEFENDANT

FRANCIS KIBUCHI. ……………………………..…… 4TH DEFENDANT

JOHN TITA. …………………………….……….…… 5TH DEFENDANT

LEONARD MIZIGO. ………………………………..….6TH DEFENDANT

LENNA NYABOKE. …………………………………… 7TH DEFENDANT

ELIJAH MWANDIHI. ………………………….………..8TH DEFENDANT

BERNARD ONG’ONDO. ................................…………9TH DEFENDANT

SOSPETER MAINA. ………………………....………. 10TH DEFENDANT

PATRICK MUTHIANI. …………………………………..11TH DEFENDANT

HENRY WANYOIKE. ………………………………..…. 12TH DEFENDANT

KENYA NATIONAL SPORTS COUNCIL ……………..13TH DEFENDANT

R U L I N G

The court on the 8th April, 2014 in the presence of parties from both sides, entered an order, inter alia, of “Status Quo”. The purpose was clearly to maintain, for the purpose of orderliness, the status that would sustain and protect the rights of the members of the Paralympics Association without disruption until the dispute arising from elections is resolved. On 16th May, 2014 the order was extended.

The issue before the court is whether the court authorized the pre-election of office holders to continue in office or the officers elected in the disputed elections were to take up office and run the Association until the dispute in court was resolved one way or the other. The elections were held on 14th March, 2014.

I have carefully perused the records. What clearly comes out in the facts is that the old office-bearers were ousted in the election or purported election, as the case may be, which took place on 14th March, 2014. They are the Plaintiffs. They appear to have refused to give way or handover the Association offices and management. They instead rushed to court and filed this suit on 26th March, 2014.

On 8th April, 2014 both sides appeared before court. Service on all parties was found not complete and court fixed the matter for hearing on 16th May, 2014 when pleadings and service would be complete. That is when the first order of status quo was granted to keep the situation where it was.

There is evidence in the Plaintiffs deponements that they had refused to accept the election result and had kept in their control and going, their old management, the offices and the bank accounts.

The Defendants Replying affidavit by Agnes Oluoch in paragraph 36 conceded that despite the new officials requesting the old officials to handover the old officials had refused and run to court to file this case. This affidavit was sworn on 17th April, 2014 several days after the status quo order had been made by this court.

The above in the court’s view disproves the Defendants position that they had taken over the management and offices of the Association by   15th March, 2014. In the circumstances the status quo as at 16th May, 2014 was that the Plaintiffs who had been ousted in the election still kept the offices and the management of the 1st Plaintiff. The court so rules and orders.

Dated and delivered at Nairobi this 24th day of July, 2014.

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D A ONYANCHA

JUDGE