Stabilization Committee of the Kenya Swimming Federation

Mr Jace Naidoo
Chairman

Lausanne, 20 June 2023

Re : Stabilization Committee of the Kenya Swimming Federation

Dear Chairman Naidoo,

Dear Stabilization Committee’s Members,

We have been informed that the Stabilization Committee of the Kenya Swimming

Federation has received a cease and desist notice requesting, in brief, that it

renounce the holding of the two general assemblies scheduled on 24 June 2023
and 8 July 2023, the latter being an elective general assembly and supposedly the

end of a long-standing, flawed situation within Kenya.

In this respect, we recall that a prior FINA Bureau suspended the Kenya Swimming

Federation on 12 December 2019. More than three years later, and despite the

assistance of this Stabilization Committee for almost one year, the situation is still

not resolved.

At the current time, while we appreciate the progress and note the extensive

engagements conducted with the Kenyan Stakeholders which should culminate

in the two aforementioned general assemblies, we have also noted the attempts

by the petitioners who seek to disrupt the roadmap that shall lead to the
regularization of the situation and, therefore, to the review of the suspension

status by the World Aquatics Bureau

These attempts are likely to prevent, once again, the national federation’s situation

from being brought into conformity. This is unacceptable, and worse, shows that,

any assistance and help from World Aquatics for the necessary reforms have

been resisted, showing no interest or willingness to act in accordance with the

World Aquatics Constitution or the principles enshrined in such Constitution.

Against this background, the World Aquatics Bureau is considering imposing

additional sanctions to the Kenya Swimming Federation, which may consist, in

accordance with Articles 8.3 lit. a), b), d), e) and/or f) of the World Aquatics
Constitution, (i) a further suspension of the Kenya Swimming Federation, but with

additional consequences to be defined, notably to exclude Athletes, Athlete

Support Personnel and/or Officials from any World Aquatics competitions and

events or any World Aquatics activities or positions or bodies; or (ii) an exclusion

of the Kenya Swimming Federation. Further measures are possible, under the

World Aquatics Constitution.

In accordance with Article 8.4 of the World Aquatics Constitution, you are hereby

requested to comment on the foregoing by 26 June 2023.

As always, please let our office know if you have any questions.

Respectfully yours,

Brent J. Nowicki
Executive Director

Cc: National Olympic Committee Kenya; Confédération Africaine de Natation Amateur