https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9934
The petition was allowed to be withdrawn and no costs were awarded because it was brought in the public interest, the alleged sub judice proceedings had been resolved in the petitioner’s favour, the matter was moot and overtaken by events, and the parties had a continuing working relationship that favored each...
Source-derived case information.
- Citation
- [2026] KEHC 9934 (KLR)
- Parties
- Petitioner: 254 Motorport Club; 1st Respondent: The Registrar of Sports; 2nd Respondent: Sikh Union club Nairobi; 3rd Respondent: Kenya Motorsport Federation Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Petition E616 of 2025
- Procedural Posture
- Constitutional and Human Rights Petition / Ruling on Oral Application to Withdraw Petition and Costs
- Outcome
- Petition withdrawn; each party to bear its own costs; file closed.
- Judges
- ["RE Aburili"]
- Legal Topics
- Withdrawal of Petition, Costs, Public Interest Litigation, Sub Judice, Mootness, Article 159(2)(c) Harmony
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
254 Motorport Club
Petitioner
The Registrar of Sports
1st Respondent
Sikh Union club Nairobi
2nd Respondent
Kenya Motorsport Federation Limited
3rd Respondent
Procedural Posture
Constitutional and Human Rights Petition / Ruling on Oral Application to Withdraw Petition and Costs
Legal Issues
- 1 Whether the petition should be withdrawn
- 2 Whether costs should be awarded to the respondents
- 3 Whether the plea of sub judice disentitled the respondents from costs
Ratio Decidendi
The petition was allowed to be withdrawn and no costs were awarded because it was brought in the public interest, the alleged sub judice proceedings had been resolved in the petitioner’s favour, the matter was moot and overtaken by events, and the parties had a continuing working relationship that favored each bearing its own costs.
Court Disposition
Petition withdrawn; each party to bear its own costs; file closed.
Orders
- Petition dated 24/9/2025 marked as wholly withdrawn.
- No costs awarded; each party shall bear its own costs.
Full Case Text
Judgment text and source record
1 paragraphs
Club v Sports & 2 others (Petition E616 of 2025) [2026] KEHC 9934 (KLR) (Constitutional and Human Rights) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 9934 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Constitutional and Human Rights Petition E616 of 2025 RE Aburili, J July 8, 2026 Between 254 Motorport Club Petitioner and The Registrar of Sports 1st Respondent Sikh Union club Nairobi 2nd Respondent Kenya Motorsport Federation Limited 3rd 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 3rd 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 3rd respondent dated 6th 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 3rd 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 8TH DAY OF JULY, 2026R.E. ABURILIJUDGE