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JudgmentSUSHIL GOHIL JOHN KADIVANE AND ALTAF GANATRA SUING AS OFFICIAL OF TWO FIVE FOUR MOTORSPORTS CLUB VS KENYA MOTORSPORT FEDERATION LIMITED AND The Registrar of Sports AND 1 Others2 min read

SUSHIL GOHIL JOHN KADIVANE AND ALTAF GANATRA SUING AS OFFICIAL OF TWO FIVE FOUR MOTORSPORTS CLUB VS KENYA MOTORSPORT FEDERATION LIMITED AND The Registrar of Sports AND 1 Others

High Court at Milimani High Court · · R. E. Aburili

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION NO. E 616 OF 2025

254 MOTORSPORT CLUB ................................................................PETITIONER

VERSUS

THE REGISTRAR OF SPORTS................................................1 ST RESPONDENT

SIKH UNION CLUB NAIROBI................................................2 ND RESPONDENT

KENYA MOTORSPORT FEDERATION LIMITED...............3 RD RESPONDENT

RULING

1. On the oral application by the petitioner to withdraw the petition dated 24/9/2025 and there being no objection by the 3 rd respondent, the petition dated 24/9/2025 is hereby marked as wholly withdrawn.

2. On costs, I note that the petitioner submits and it is pleaded in paragraph 8 of the petition that it is brought in the public interest to vindicate statutory compliance and prevent imminent illegality. It is now settled law that public interest litigation is not an ordinary suit to attract costs and, on that ground, alone, I decline to award costs.

3. The other reason that would disentitle the respondents from getting costs is that a plea of res-subjudice as raised in the preliminary objection and replying affidavit by the 3 rd respondent dated 6 th October, 2025 in itself does not amount to a suit being incompetent and the court is enjoined to stay proceedings until the other pending proceedings are heard and determined. In this case, the proceedings which are said to make this petition subjudice have now been determined in favour of the petitioner, being, HCCTA /E035 OF 2025.

4. Accordingly, this petition has been rendered moot and overtaken by events. In the circumstances, I find no reason to penalize the petitioner with costs.

5. Thirdly, is that the petitioner and 3 rd respondent have a working relationship in the sporting industry and in the spirit of Article 159 (2) (c) of the Constitution on promotion of harmony in the industry, I would not award costs, even assuming that this was not a public interest litigation.

6. Accordingly I allow the withdrawal of the petition dated 24/9/2025 and order that each party shall bear their own costs of these proceedings.

7. This file is hereby closed.

Dated, Signed and Delivered virtually at Nairobi this 8 th Day of July, 2026

R.E. ABURILI

JUDGE

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