KMSF appeal collapses as court upholds legal standing challenge

Three of Kenya’s leading motorsport figures secured a decisive legal victory on April 30, 2026, after the High Court struck out an appeal by the Kenya Motor Sports Federation without hearing its merits.

Carl Tundo, Erick G. Bengi and Sangita S. Gohil were vindicated at Milimani Law Courts after Justice L.P. Kassan ruled that KMSF lacked locus standi. Costs were awarded in their favour.

"This outcome underscores the importance of accountability and lawful governance. The motorsport fraternity has welcomed the ruling and is looking to the interim committee to finally put things in order and deliver a fresh beginning for the sport in Kenya,” said Carl Tundo. 

The appeal (Civil Tribunal Appeal No. E035 of 2025) sought to challenge a decision of the Sports Disputes Tribunal in SDTSC E003 of 2025. 

In the suit, the Sports Registrar, the Office of the Attorney General, and the 254 Motorsports Club were listed as interested parties.

The respondents’ win turned on a precise preliminary objection challenging KMSF’s legal standing. The federation relied on a 2023 CR12 to demonstrate corporate authority, an official Companies Registry extract listing directors. 

The respondents argued that the document was invalid, noting that some of the listed directors were deceased.

KMSF failed to rebut the objection, filing neither an updated CR12 nor a valid board resolution.

Justice Kassan upheld the objection in full, affirming that locus standi is a threshold issue of law and that a party without legal standing cannot be heard.

Following the ruling, Carl Tundo reiterated the team’s commitment to restoring structure and credibility in Kenyan motorsport, anchored in implementing the Constitution of Motor Sports Kenya, a federation currently under registration pursuant to the Tribunal's orders.

The Tribunal had directed Rose Wasike to comply within 30 days, before the High Court appeal filed by Jim Kahumbura, widely regarded as KMSF’s de facto chairman.

The wider motorsport fraternity has welcomed the court’s decision, expressing confidence in the interim committee to restore order, unify the sport, and deliver a long-overdue fresh beginning for motorsport in Kenya.