There is a dispute, however, over whether Soi is the official Chef de Mission for Kenya's team at the Games. 

Soi was charged after last year's Olympics in Rio de Janeiro with stealing $256,000 (£190,000/€215,000) from Government and the National Olympic Committee of Kenya (NOCK) and Athletics Kenya meant for the athletes’ and officials’ stay at the Games.

As part of the investigation, Soi had his passport taken off him.

Prosecutors in Kenya claimed he took $234,000 (£174,000/€196,000) with him on a flight to Brazil without declaring it to customs officials, and which then went missing, and stole the remaining $22,000 (£16,000/€18,000) in smaller amounts on separate occasions.

Soi has denied all the allegations. 

A key piece of evidence in Soi's application to have this passport returned was correspondence from Gold Coast 2018 inviting him to the Chef de Missions seminar due to take place from October 8 until 12. 

"As part of preparations for the events, I am required to represent the country," Soi wrote in his application to the court.

“In recognition of your extensive experience in previous Commonwealth Games and many other large multi-sport events, I am pleased to extend an invitation for you to join the Gold Coast 2018 Commonwealth Games Working Group,” read the invite from Mellisa Price, the Commonwealth Games Associations relations and operations manager, read out in court.

In his petition Soi claimed he has never absconded court and will thus not be a threat if given his passport back.

NOCK, however, dispute Soi's claim that Soi has been appointed Chef de Mission. 

They are deciding whether to appeal against the decision.

Two other officials, NOCK vice-president Pius Ochieng and secretary general Francis Kinyili Paul, were charged along with Soi after Rio 2016. 

They have denied charges of stealing Olympic team uniforms provided by sponsor Nike.

Soi is currently banned from standing in the NOCK elections on September 29 as a result of the allegations.

He had wanted to stand for deputy secretary general.

“GOLDOC (Gold Coast 2018 Commonwealth Games Corporation) can confirm the letter in reference was in fact sent in February 2016 inviting Stephen to participate via videoconference in a Commonwealth Game Association (Commonwealth Games Association) Working Group," a spokesman for Gold Coast 2018 told insidethegames.

"The purpose of this working group was to assist in the planning of services and facilities for the Gold Coast 2018 Commonwealth Games.

"It is the responsibility of the Kenyan CGA to decide who attends the GC2018 Chef de Mission meeting."