INJUSTICE TO THE KENYA SWIMMERS
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KENYA PARENTS SWIMMERS FORUM PETITION
We, Swimming Stakeholders in Kenya comprising swimmers, coaches, parents and well-wishers, under-girded by the National Values espoused in the Constitution of Kenya 2010 and in the spirit of the Sports Act 2013 make this Petition concerned with the crisis in the management of swimming in Kenya. For far too long stakeholders have been cajoled, bullied and intimidated into silence or been too passive to confront the perennial issues of incompetence, corruption, and lack of accountability in the Kenya Swimming Federation (KSF) and the sport of swimming.
We refer the attached Online Petition dated 6th October, 2015, and all appended signatures on the same, and would like to state that, the Sports Tribunal took over matters swimming as follows:-
Sequence of Events:-
In late September 2017 The Sports Disputes Tribunal (SDT) took a direct supervisory role over the reform process of the Kenya Swimming Federation (KSF) based on its ruling on a case filed by the Transition Advisory Committee (TAC) which had been created by the National Federation to oversee its reform and smooth transition to fresh Elections under a New Constitution. Instead of acting as an Impartial Arbiter and as a result of TAC’s dismissal, the SDT immediately set up the Interim Management Committee (IMC) and subsequently Sub-Committees.
The Joint Selection Committee (JSC) which had been created under the reform process of KSF to safeguard against discrimination of Swimmers, successfully set up the first updated Database of Top 20 Swimmers and organized 4 major international swimming competitions with great success. However JSC was, suddenly and without due process/prior notice “disbanded” from its functions in respect of Database, Criteria and Team Selections and replaced by a Competition Management Committee (CMC). The SDT blatantly ignored the presence of the JSC and did not, in the interests of fair dispensation of justice, consider inviting the JSC to continue with its current docket leaving the SDT to remain impartial and supervise the overall Reform Process.
The SDT has erred:
1. As to date it has failed to address Stakeholders questions as to how it proceeded to “disband” the JSC without any transparent notice/process.
2. By not heeding calls from Stakeholders that the number of Parent Representatives (2) was too low with a request for more representatives. All current members of the IMC are incumbent KSF officials except for the two parents whom, those who they purportedly represent, are perceived to have failed in their duties because they never consult/update Parent Stakeholders on what transpires in IMC. The said 2 stakeholders names were also submitted by the KSF officials to SDT under a huge protest from the Stakeholders.
There have also been calls for the 2 Parent Representatives to step down due to conflict of interest as they have current swimmers who are highly ranked in the swimming fraternity. The SDT to date has failed to take action and hold them accountable.
3. By allowing the same incumbent KSF officials to take positions in all Committees which, in actual fact, lacks integrity as the same incumbent officials are now in charge of monitoring themselves under the pretext of SDT supervision.
4. It has been 6 months since the Sports Tribunal took over matters swimming and stakeholders are yet to see a road map to reforms, and any queries have gone unanswered and been ignored.
5. It has not even set any time lines on any of the Reform processes and Swimmers continue to suffer as a result of mis-management of Criteria and Team Selection.
6. It has not pushed for the release of the National Calendar of events thereby discriminating against both Coaches and Swimmers as they are unable to properly plan and target any events this year
7. The SDT is questioned whether the IMC is under the Protection of the SDT from dealing with its failings.
8. Furthermore, now that SDT is so intimately involved in KSF management, how would it be able to arbitrate fairly in any matters swimming? This can be clearly seen as the SDT has rubber stamped all shambolic Criteria and Team Selections in both Commonwealth Games and CANA, Malawi.
9. We are now calling for the SDT to be held accountable for the actions of all the committees and sub-committees it formed under the IMC.
Swimming Stakeholders have refused to accept the current Interim Management Committee appointed by the Sports Tribunal and appeal to the Cabinet Secretary to place an ultimatum upon The Kenya Sports Dispute Tribunal to:
(a) circulate the new Draft Constitution for consideration and approval by the Stakeholders within the next 10 days,
(b) facilitate both County and National Swimming Association elections within the next 3 months,
(c) lock out All Kenya Swimming Federation officials, including the Current IMC Members and barring them from holding any office in matters swimming or vying for any official position.
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