REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW APPLICATION NO. E066 OF 2026
FOOTBALL KENYA FEDERATION
LEAGUE & COMPETITIONS COMMITTEE…………………………1 ST APPLICANT
FOOTBALL KENYA FEDERATION
DISCIPLINARY COMMITTEE……………………………………...….2 ND APPLICANT
VERSUS
SPORTS DISPUTES TRIBUNAL................................................................RESPONDENT
AND
NAIROBI UNITED FOOTBALL CLUB………………..……1 ST INTERESTED PARTY
GOR MAHIA FOOTBALL CLUB……………………………..…….2 ND INTERESTED
RULING
1. The application dated 9/3/2026 is brought under certificate of urgency. I have perused the application, the grounds in support as per the statutory statement and documents filed in support. I am satisfied that it is urgent. I certify it as urgent.
2. On the substantive prayers, the applicant seeks leave of court to apply for Judicial Review orders of certiorari and prohibition, challenging the decision of the Sports Disputes Tribunal. The Respondent herein, rendered on 6/3/2026 in SDT.SC E010 of 2026 Nairobi Football Club vs The Football Kenya Federation Leagues and Competitions Committee & Another which decision is sought to be quashed and to prohibit the Tribunal from entertaining any dispute arising between the Interested Party Football Clubs, from the applicant committees, before the said clubs and parties exhaust appeal mechanisms provided for under Football Kenya Federation, being FKF Appeals Committee established under Article 67 of the Football Kenya Federation Constitution, 2017.
3. The applicant also prays that leave if granted do operate as stay of the impugned decision and directions to the applicants to rehear the underlying dispute between the two Interested Parties afresh within 5 days of its decision.
4. I have considered the application as presented. I note that the applicant filed the matter expeditiously on 9/3/2026 after the impugned decision was rendered on 6/3/2026 but due to underpayment of court fees, the file was not availed for consideration on 9/3/2026 until today. The applicants have been invoiced to settle the deficit court fees.
5. That said from a reading of the application, it challenges jurisdiction of the Respondent Tribunal. A challenge to jurisdiction raises a prima facie arguable case for in-depth inquiry at the substantive stage, and its merits cannot be determined at the leave stage.
6. For the above reasons, I grant leave to the applicants to apply for Judicial Review orders as sought in prayers 2 and 3 of the chamber summons dated 9/3/2026. The main motion be filed and served within 21 days of today.
7. On stay, as the intended motion is likely to be rendered nugatory since implementation of the Tribunals decision was ordered to be within 5 days which lapses on 11/3/2026, in my view, the stay is warranted, noting that the applicants challenge jurisdiction of the Tribunal to hear and determine the dispute giving the rise to the decision and directions being impugned in these proceedings.
8. I therefore order that the leave so granted do operate as stay of enforcement of the decision and directions of the Sports Disputes Tribunal in case No. E010/2026 rendered on 6/3/2026 until the main motion once filed is heard and determined. This matter shall be mentioned interpartes on 20/4/2026 for further directions.
9. I so order.
Dated, Signed & Delivered virtually at Nairobi this 10 th Day of March, 2026
R.E. ABURILI
JUDGE
2 | JR NO. E066 OF 2026 RULING
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW APPLICATION NO. E066 OF 2026
FOOTBALL KENYA FEDERATION
LEAGUE & COMPETITIONS COMMITTEE…………………………1 ST APPLICANT
FOOTBALL KENYA FEDERATION
DISCIPLINARY COMMITTEE……………………………………...….2 ND APPLICANT
VERSUS
SPORTS DISPUTES TRIBUNAL................................................................RESPONDENT
AND
NAIROBI UNITED FOOTBALL CLUB………………..……1 ST INTERESTED PARTY
GOR MAHIA FOOTBALL CLUB……………………………..…….2 ND INTERESTED
RULING
1. The application dated 9/3/2026 is brought under certificate of urgency. I have perused the application, the grounds in support as per the statutory statement and documents filed in support. I am satisfied that it is urgent. I certify it as urgent.
2. On the substantive prayers, the applicant seeks leave of court to apply for Judicial Review orders of certiorari and prohibition, challenging the decision of the Sports Disputes Tribunal. The Respondent herein, rendered on 6/3/2026 in SDT.SC E010 of 2026 Nairobi Football Club vs The Football Kenya Federation Leagues and Competitions Committee & Another which decision is sought to be quashed and to prohibit the Tribunal from entertaining any dispute arising between the Interested Party Football Clubs, from the applicant committees, before the said clubs and parties exhaust appeal mechanisms provided for under Football Kenya Federation, being FKF Appeals Committee established under Article 67 of the Football Kenya Federation Constitution, 2017.
3. The applicant also prays that leave if granted do operate as stay of the impugned decision and directions to the applicants to rehear the underlying dispute between the two Interested Parties afresh within 5 days of its decision.
4. I have considered the application as presented. I note that the applicant filed the matter expeditiously on 9/3/2026 after the impugned decision was rendered on 6/3/2026 but due to underpayment of court fees, the file was not availed for consideration on 9/3/2026 until today. The applicants have been invoiced to settle the deficit court fees.
5. That said from a reading of the application, it challenges jurisdiction of the Respondent Tribunal. A challenge to jurisdiction raises a prima facie arguable case for in-depth inquiry at the substantive stage, and its merits cannot be determined at the leave stage.
6. For the above reasons, I grant leave to the applicants to apply for Judicial Review orders as sought in prayers 2 and 3 of the chamber summons dated 9/3/2026. The main motion be filed and served within 21 days of today.
7. On stay, as the intended motion is likely to be rendered nugatory since implementation of the Tribunals decision was ordered to be within 5 days which lapses on 11/3/2026, in my view, the stay is warranted, noting that the applicants challenge jurisdiction of the Tribunal to hear and determine the dispute giving the rise to the decision and directions being impugned in these proceedings.
8. I therefore order that the leave so granted do operate as stay of enforcement of the decision and directions of the Sports Disputes Tribunal in case No. E010/2026 rendered on 6/3/2026 until the main motion once filed is heard and determined. This matter shall be mentioned interpartes on 20/4/2026 for further directions.
9. I so order.
Dated, Signed & Delivered virtually at Nairobi this 10 th Day of March, 2026
R.E. ABURILI
JUDGE
2 | JR NO. E066 OF 2026 RULING