I have perused the applications dated 14th April 2025 seeking leave of court to hear the application dated 8th April 2025 during the recess. The two applications are brought under certificate of urgency. I find that the applicant has demonstrated that the matter is urgent. I certify the applications as urgent for consideration during the Easter recess.
On the application for leave to apply for judicial review orders challenging the decision of the respondents to charge the applicant for alleged breach of the Anti Doping Law, I find the application is not frivolous on the face of it. It is prima facie arguable. I grant leave to the ex parte applicant to apply for judicial review orders stated in the chamber summons dated 8th April, 2025. the substantive notice of motion to be filed and served within 21 days of this date.
The substantive motion shall be filed in a fresh file to be opened and the applicant shall only file the substantive notice of motion as the court shall utilise the documents which have been filed in support of the Chamber Summons for leave to apply.
On whether I should grant a stay of proceedings pending before the Sports Disputes Tribunal, I observe that the applicant claims to be an international level Athlete and that she is exempt from the jurisdiction of the national Sports Disputes Tribunal. She raised the issue of jurisdiction of the Tribunal at the earliest opportunity. In my view, whether this is true or not is an arguable issue which this court will be determining in the substantive motion.
Accordingly, i hereby order that pending the filing, hearing and determination of the substantive Notice of motion, there is hereby issued a stay of all proceedings before the 1st Respondent and prosecution of the Applicant by the 2nd Respondent in SDTADK E016 OF 2024 Anti-Doping Agency of Kenya –VS- Nancy Jelagat Meto.
The applicant to ensure that this ruling on leave to apply is filed together with the substantive notice of motion.
I make no orders as to the costs of the applications.
This file is accordingly closed.
On the application for leave to apply for judicial review orders challenging the decision of the respondents to charge the applicant for alleged breach of the Anti Doping Law, I find the application is not frivolous on the face of it. It is prima facie arguable. I grant leave to the ex parte applicant to apply for judicial review orders stated in the chamber summons dated 8th April, 2025. the substantive notice of motion to be filed and served within 21 days of this date.
The substantive motion shall be filed in a fresh file to be opened and the applicant shall only file the substantive notice of motion as the court shall utilise the documents which have been filed in support of the Chamber Summons for leave to apply.
On whether I should grant a stay of proceedings pending before the Sports Disputes Tribunal, I observe that the applicant claims to be an international level Athlete and that she is exempt from the jurisdiction of the national Sports Disputes Tribunal. She raised the issue of jurisdiction of the Tribunal at the earliest opportunity. In my view, whether this is true or not is an arguable issue which this court will be determining in the substantive motion.
Accordingly, i hereby order that pending the filing, hearing and determination of the substantive Notice of motion, there is hereby issued a stay of all proceedings before the 1st Respondent and prosecution of the Applicant by the 2nd Respondent in SDTADK E016 OF 2024 Anti-Doping Agency of Kenya –VS- Nancy Jelagat Meto.
The applicant to ensure that this ruling on leave to apply is filed together with the substantive notice of motion.
I make no orders as to the costs of the applications.
This file is accordingly closed.