KSSSA ponders next move after ruling shocker on age cap
By Lynette Matheka, September 5, 2019
Kenya Secondary School Sports Association (KSSSA) is preparing to contest a ruling by the High Court in Mombasa that students above 19 should not be stopped from taking part in secondary school games.
According to the KSSSA rules, schools were expected to field students under the age of 19 in all disciplines which meant only students born on or after September 1, 1999, were eligible for this year’s competitions.
However, in July, a parent sued the association and the Attorney General over the KSSSA regulation, arguing that every student has a right to education and sports is part of it.
The parent further said that every student pays for sports as part of school fees and thus all are entitled to participate in an activity of their choice regardless of their age.
“It is the finding of this Court that Section 17 (iii) of the KSSSA constitution breaches the Constitution, is discriminatory and falls short of the values established under the law, is unconstitutional and invalid and is hereby declared so,” Justice Eric Ogola said in his ruling.
With the period for appeal has lapsed, KSSSA Secretary-General David Ngugi says the association will hold a meeting where they will take stock of the sporting year with the age cap ruling key on their agenda.
“The ruling will be counter-productive for Kenyan teams at East Africa and continental games as there is an age cap even at that level.
Additionally, with the World School Games upon us, we expect the same age cap to be applied and this ruling could deny Kenyan teams a chance to participate,” said Ngugi.