PETITION BY KENYA SWIMMING STAKEHOLDERS
PETITION BY KENYA SWIMMING STAKEHOLDERS
KENYA PARENTS SWIMMERS FORUM PETITION
Mrs Amina Mohamed,
The Cabinet Secretary,
Ministry of Sports,
Mrs Marth Koome,
Her Chief Justice of Kenya,
High Court of Kenya,
Mr John Okudo
Permanent Secretary, Sports
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 31/08/21 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 various matters arising, there also has been no form of accountability and transparency in the running of the Interim Management Committee.
2. All current members of the IMC, have either stepped down and or absconded their roles in the IMC, and or are perceived to have failed in their duties because they never consult/update Parent Stakeholders on what transpires in IMC.
There have also been numerous calls for all IMC members to step down and/or vote of no confidence presented to the Chairman of the IMC to its sitting members due to conflict of interest in various matters. The SDT to date has failed to take action and hold them accountable.
3. It now 4 years, since the Sports Tribunal took over matters swimming and stakeholders are yet to see a road map to reforms, proper systems put in place, audited accounts, elections and any queries have gone unanswered and been ignored.
4. The National Calendar of events, has elicited protest from majority of the stakeholders, and has been discriminating against both Coaches and Swimmers as they are unable to properly plan and target any events this year, needless to say there has been repeated inordinate delay’s in resolving matters whose victims are the swimmers/children, being punished by irresponsible stakeholders and officials by engaging in bureaucracy and not in the best interest of the swimmers/children, which should be the overriding factor/considering above all personal interests, chest thumping and jingoism.
5. The SDT is questioned whether the IMC is under the Protection of the SDT from dealing with its failings.
6. 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 rubberstamped all shambolic Criteria and Team Selections.
7. There has been case filed in court that seek to have the court, put an injunction to elections, this matter of filed by the same sitting members of the IMC, which also demonstrates once more serious conflict of interest.
8. 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) facilitate National Swimming Association elections within the next 3 months,
(b) 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.
Petition from: Kenya Parents Swimmers Stakeholders