A decision from Sports Minister Hassan Wario to disband the National Olympic Committee of Kenya (NOCK) following a series of issues at Rio 2016 has been quashed by the High Court.
In what represents the continuation of an ongoing saga in Kenyan sport, Judge George Odunga said Wario, who could still be prosecuted over the alleged abuse of office during the Olympic Games in Rio de Janeiro, had no legal authority to disband the NOCK.
It was claimed there were key accommodation and travel mishaps involving the Kenyan team in Rio, including the "mishandling of accreditation", as well as kits which never reached athletes.
“The Minister has not justified his action of disbanding the committee,” Odunga said.
“It is now trite that for an executive decision to be justified, it must be based on some legally recognised-provision or policy.
"Executive power must therefore be exercised within the lawful bounds or parameters and ought not to be misused or abused.”
The decision from the High Court has been accepted by the Sports Ministry, with spokesperson Richard Abura claiming they would “abide by the decision of the court”.
“The ministry knows that the International Olympic Committee (IOC) charter does not allow government interference with NOCK,” he added.
The fate of the NOCK remains unclear at this stage despite the High Court decision as the body is due to hold fresh elections next month.
Current President, Kipchoge Keino, claimed he would "retire into farming" if he is not re-elected as the head of the under-fire governing body.
The 76-year-old Keino, a four-time Olympic medallist, including golds in the 1,500 metres at Mexico City 1968 and 3,000m steeplechase at Munich 1972, made the claim amid growing divisions over the format of the elections and the running of the organisation.
Keino has been President of NOCK since 1999.
Every senior NOCK official except for Keino, who has repeatedly denied wrongdoing, was arrested after Wario’s disbandment of the body.
A reform process mediated by the IOC has since experienced numerous delays.
Elections have been pushed-back to March after a failure to reach an initial December deadline as longstanding officials close to Keino clash with a new guard of administrators seeking more sweeping reforms.
The new constitution requires a "final review and prior approval" from the IOC before elections for the NOCK can be held.
An initial December deadline was missed by the NOCK, with the IOC admitting it was "extremely regrettable" that no substantial progress had been made within the warring organisation so far when providing them with the new timeframe.
They directed NOCK formally convene an Extraordinary General Assembly by the end of January 2017 or the beginning of February, in order to approve proposed constitutional changes.
Andrew Mudibo, the interim secretary of the National Olympic Committee of Kenya Affiliated Federations and the leader of the opposition opposing Keino, has requested that the IOC send a representative to ensure the credibility and acceptability of the constitutional reform process.