Five athletes sue CS Mvurya over removal from Deaflympics team

Five national players have sued Sports Cabinet Secretary Salim Mvurya for discriminating against and excluding them from representing Kenya in the Tokyo Deaflympics.

Kirui Rotich, Josephine Aska, Awendo Omondi, Lilian Anyango, Chris Onyango and Collins Ochola said they were removed from the list of players going to Tokyo without any explanation despite participating in thorough training at the camp.

The players sued the Sports CS, his principal secretary, the director of sports, and the attorney general.

In a petition before the high court, the players' lawyer, Shaddrack Wambui, said the players were formally included in the initial list of athletes selected to represent Kenya in the Tokyo Deaflympics.

“The players had, in good faith, suspended their livelihoods, left their families and businesses, relocated to the training facility, and subjected themselves to a regimented national programme, only to be excluded without justification,” said Wambui.

He said that the impugned decision was arbitrary, discriminatory, and unfair, particularly given their status as persons with disabilities entitled to heightened constitutional protection.

“The impugned exclusion was effected without notice, reasons, disclosure of criteria, or an opportunity to be heard, thereby prima facie violating Articles 10, 27, 35, 47, 50(1), and 54 of the Constitution, as well as Sections 4, 5, 6, and 7 of the Fair Administrative Action Act and the Persons with Disabilities Act,” said Wambui.

He said that after the completion of training and at the eleventh hour on November 12, 2025, the players were verbally informed that their names had been removed from the final delegation list.

Wambui said that persons with disabilities are duly recognised as such under the law and eligible for participation in national sporting representation under the government’s mandate.

“The petitioners’ inclusion in the said list was communicated, and they were invited to report to the designated national training camp, where they duly reported, registered, and commenced training,” said Wambui.

He said that while at the training camp, the players took up residence at the training facility, where they participated fully in training programmes and evaluations.

“The harm occasioned includes reputational damage, professional disruption, psychological distress, stigmatisation, and the denial of dignity arising from unexplained exclusion after public commitment and sacrifice,” said Wambui.

According to Aska, they accepted the national call to represent Kenya and were forced to suspend their businesses, employment, and family obligations.

Aska said they complied with all rules, schedules, and instructions and conducted themselves with discipline and patriotism in preparation for national duty.

She said they also incurred personal and financial sacrifice in good faith reliance on the government’s representations.

“No written notice, reasons, evaluation report, or disciplinary issue was communicated to us prior to or after the exclusion. We were not accorded any hearing, consultation, clarification, or opportunity to respond before the adverse decision was made,” said Aska.

She said that the exclusion came as a shock, humiliation, and professional setback, particularly given that they had already been cleared, trained, and housed.

She said no misconduct or under-performance had been raised against them, and no objective criteria or ranking was ever disclosed.

Aska wants the court to order the ministry to avail minutes of meetings where the exclusion was discussed or decided, any grading, assessment, or selection matrix, any correspondence or directive sanctioning the exclusion, and the identity and designation of the decision-makers.

She said the entire decision-making process remains opaque and undocumented from the players and shielded from scrutiny, contrary to constitutional and statutory dictates.

“By virtue of our formal inclusion in the official list, admission into camp, continuous training and accommodation, and sustained representations by the ministry, we had a legitimate expectation that we would either be included in the final delegation or, at the very least, be subjected to a fair, transparent, and reasoned process prior to any exclusion,” said Aska.

She said they have suffered and continue to suffer financial loss arising from suspended livelihoods, emotional and psychological distress, reputational harm within sporting and professional circles, and public humiliation arising from unexplained exclusion.

Aska said that each passing day without disclosure, explanation, or vindication compounds the harm, entrenches uncertainty, and deepens the constitutional injury.

She said such harm cannot be adequately remedied through monetary compensation.