SDT declares Motorsports Kenya as legitimate body for the sport

The ruling ends years of incessant leadership wrangles after the Kenya Motor Sports Federation (KMSF) failed to transition under the Sports Act, 2013 within the required one-year period.

The tribunal declared KMSF no longer holds legal recognition, noting its application was further weakened by the withdrawal of key interim officials.

In the ruling, SDT Chairperson Bernard Murunga noted that Motorsports Kenya has demonstrated all the legal features of a sports entity in line with Kenyan law.

“By virtue of section 47 of the Sports Act, a body cannot seek for affiliation or be affiliated to an international before attaining a legal status in Kenya by registering itself as a national sports organization/federation.

“The current Kenya Motor Sport Federation which still operates as a company got its affiliation status with FIA long before commencement of the Sports Act in 2013 and therefore the legality of its affiliation ceased on 14th August 2014 when it failed and or refused to transit under section 50 of the Sports Act as a sports organization. This automatically means that its affiliation to the International Motor Sports Federation is illegal,” ruled Murunga.

The case was filed by interim officials of Motorsports Kenya led by rally drivers Carl Tundo and Eric Bengi, accusing the Sports Registrar of delaying their registration despite meeting all legal requirements and enjoying support from over 95% of motorsport stakeholders.

The Tribunal found that the Registrar’s prolonged inaction amounted to unlawful administrative delay, noting:

“The constitutional right to fair administrative action under Article 47 is not merely a right to receive a decision, but encompasses the right to receive such decision within a reasonable timeframe. The Constitution does not contemplate that public officers may hold applications in perpetual limbo under the guise that no decision has been made.”

KMSF’s claims of precedence were dismissed, with the panel pointing out the federation had lost its legal standing after more than a decade without compliance.

“Motorsports Kenya, having demonstrated comprehensive compliance with legal requirements, stable governance structures, and stakeholder support, represents the most suitable vehicle for establishing effective motorsport governance in Kenya.”

The Registrar now has 30 days to register Motorsports Kenya and must impose conditions including fresh democratic elections within 90 days, open membership registration, and integration of all legitimate motorsport stakeholders.