REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 236 OF 2026
JULIANA KATHURE
DAVID OBUYA ………………………………………………PETITIONERS
VERSUS
THE SPORTS REGISTRAR
THE ATTORNEY GENERAL
CRICKET KENYA
RONALD BUKISI
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) ………………………………………………………..RESPONDENTS
RULING
1. I have considered the petition and notice of motion dated 13/4/2026 filed under certificate of urgency as argued exparte by Mr. Aloo counsel for the petitioners/applicants.
2. In my humble view, and assuming that full disclosure of all material facts to this petition is made to the court as the respondents have not had the opportunity to be heard on the notice of motion for conservatory orders; and considering that the impugned elections shall be conducted on 19/4/2026, which election, once conducted will render the petition and the notice of motion nugatory, I am satisfied that a case has been made for issuance of temporary conservatory orders in terms of prayers 3 and 4 of the notice of motion dated 13/4/2026 pending the interpartes considerations of the notice of motion.
3. In the premises, a conservatory order is hereby issued restraining the 3 rd and 4 th respondent or any other persons acting on their behalf from conducting elections for Cricket Kenya as scheduled on 19/4/2026 pending the interparties hearing of the notice of motion.
4. Secondly, a conservatory order is hereby issued restraining the 4 th respondent Ronald Bukusi from performing any executive functions, issuing notices or coordinating any electoral processes for the 3 rd respondent while his supervision is still in force pending interpartes hearing of the notice of motion dated 13/4/2026.
5. Prayer No. 5 shall be considered at the interpartes hearing. Upon service of this order and the pleadings which include the petition and notice of motion dated 13/4/2026, the respondents have 7 days to file and serve their responses thereto. The petitioners/applicants will have 7 days of the date of service to file and serve their rejoinder if need arises.
6. Parties to appear for mention for further directions on the mode of canvassing of the notice of motion dated 13/4/2026 on 30/4/2026.
I so order
R.E ABURILI
JUDGE
14/4/2026
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 236 OF 2026
JULIANA KATHURE
DAVID OBUYA ………………………………………………PETITIONERS
VERSUS
THE SPORTS REGISTRAR
THE ATTORNEY GENERAL
CRICKET KENYA
RONALD BUKISI
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) ………………………………………………………..RESPONDENTS
RULING
1. I have considered the petition and notice of motion dated 13/4/2026 filed under certificate of urgency as argued exparte by Mr. Aloo counsel for the petitioners/applicants.
2. In my humble view, and assuming that full disclosure of all material facts to this petition is made to the court as the respondents have not had the opportunity to be heard on the notice of motion for conservatory orders; and considering that the impugned elections shall be conducted on 19/4/2026, which election, once conducted will render the petition and the notice of motion nugatory, I am satisfied that a case has been made for issuance of temporary conservatory orders in terms of prayers 3 and 4 of the notice of motion dated 13/4/2026 pending the interpartes considerations of the notice of motion.
3. In the premises, a conservatory order is hereby issued restraining the 3 rd and 4 th respondent or any other persons acting on their behalf from conducting elections for Cricket Kenya as scheduled on 19/4/2026 pending the interparties hearing of the notice of motion.
4. Secondly, a conservatory order is hereby issued restraining the 4 th respondent Ronald Bukusi from performing any executive functions, issuing notices or coordinating any electoral processes for the 3 rd respondent while his supervision is still in force pending interpartes hearing of the notice of motion dated 13/4/2026.
5. Prayer No. 5 shall be considered at the interpartes hearing. Upon service of this order and the pleadings which include the petition and notice of motion dated 13/4/2026, the respondents have 7 days to file and serve their responses thereto. The petitioners/applicants will have 7 days of the date of service to file and serve their rejoinder if need arises.
6. Parties to appear for mention for further directions on the mode of canvassing of the notice of motion dated 13/4/2026 on 30/4/2026.
I so order
R.E ABURILI
JUDGE
14/4/2026