Patel & another v Sports Disputes Tribunal (Judicial Review Miscellaneous Application E387 of 2025) [2025] KEHC 18263 (KLR) (Judicial Review) (5 December 2025) (Ruling) Neutral citation: [2025] KEHC 18263 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW MISCELLANEOUS APPLICATION E387 OF 2025 RE ABURILI, J DECEMBER 5, 2025 BETWEEN MANOJ PATEL ................................................................................... 1ST APPLICANT KENNEDY OBUYA ........................................................................... 2ND APPLICANT AND SPORTS DISPUTES TRIBUNAL ....................................................... RESPONDENT RULING 1. I have considered the Chamber summons dated 3/12/2025 filed under certificate of urgency. I am satisfied that the matter is urgent. It is hereby certified as urgent. 2. On whether I should grant leave to apply for substantive notice of motion, I am satisfied, upon perusal of the chamber summons, the statutory statement and the verifying affidavit that the intended motion is arguable and not frivolous or hopeless. 3. Accordingly, leave to apply for judicial review orders sought in the aforesaid chamber summons is hereby granted. 4. The substantive motion to be filed and served within 21 days of today in a fresh substantive judicial review file 5. The prayer for stay is declined as it amounts to determining the substantive matter before hearing all the parties to the dispute, noting that the applicants seek orders, among others, Certiorari to quash the ex-parte Restraining Orders issued by the Sports Disputes Tribunal on 3rd October 2025 in SDT Cause No. E072 of 2025 and Mandamus to compel the Sports Disputes Tribunal to forthwith list and hear the ex-parte Applicants' Application for Discharge/Setting Aside of Orders dated 31st October 2025. A stay order will defeat the purpose for which an application for mandamus order as sought https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18263/eng@2025-12-05 1
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above was made and render the declaration sought moot and therefore the merits of the substantive motion to be an academic exercise. 6. I make no orders as to costs. 7. This file is closed. DATED, SIGNED & DELIVERED VIRTUALLY AT NAIROBI THIS 5TH DAY OF DECEMBER, 2025 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18263/eng@2025-12-05 2
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