Obuya & 7 others v Kalpesh Solanki (Tribunal Appeal E012 of 2025) [2026] KEHC 4879 (KLR) (17 April 2026) (Ruling)
The court lacks jurisdiction due to the doctrine of exhaustion and existence of parallel proceedings before the Sports Disputes Tribunal; the application is barred by res judicata and fails to meet the threshold for interlocutory relief.
- Citation
- [2026] KEHC 4879 (KLR)
- Parties
- Appellants/respondents: Kennedy Otieno Obuya & 7 Others; Applicant: Kalpesh Solanki
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 17 April 2026
- Case Number
- Tribunal Appeal E012 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Legal Topics
- Jurisdiction, Res Judicata, Interlocutory Injunctions, Exhaustion of Remedies, Admissibility of Affidavits
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kennedy Otieno Obuya & 7 Others
Appellants/respondents
Kalpesh Solanki
Applicant
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court has jurisdiction in light of Section 58 of the Sports Act and pending Tribunal proceedings
- 2 Whether the application is barred by res judicata
- 3 Whether the threshold for interlocutory relief is met
Ratio Decidendi
The court lacks jurisdiction due to the doctrine of exhaustion and existence of parallel proceedings before the Sports Disputes Tribunal; the application is barred by res judicata and fails to meet the threshold for interlocutory relief.
Court Disposition
application dismissed
Orders
- Applicant’s Notice of Motion dated 7th April 2026 dismissed
- Parties directed to pursue dispute before Sports Disputes Tribunal under Section 58 of Sports Act
Full Case Text
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