Kathure & another v Sports Registrar & 4 others (Petition 236 of 2026) [2026] KEHC 4715 (KLR) (Constitutional and Human Rights) (14 April 2026) (Ruling)

Kathure & another v Sports Registrar & 4 others (Petition 236 of 2026) [2026] KEHC 4715 (KLR) (Constitutional and Human Rights) (14 April 2026) (Ruling) Neutral citation: [2026] KEHC 4715 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Constitutional and Human Rights Petition 236 of 2026 RE Aburili, J April 14, 2026 Between Juliana Kathure 1st Petitioner David Obuya 2nd Petitioner and The Sports Registrar 1st Respondent The Attorney General 2nd Respondent Cricket Kenya 3rd Respondent Ronald Bukisi 4th Respondent Independent Electoral And Boundaries Commission (Iebc) 5th Respondent Ruling 1.I have considered the petition and notice of motion dated 13/4/2026 filed under certificate of urgency as argued exparte by Mr. Aloo counsel for the petitioners/applicants. 2.In my humble view, and assuming that full disclosure of all material facts to this petition is made to the court as the respondents have not had the opportunity to be heard on the notice of motion for conservatory orders; and considering that the impugned elections shall be conducted on 19/4/2026, which election, once conducted will render the petition and the notice of motion nugatory, I am satisfied that a case has been made for issuance of temporary conservatory orders in terms of prayers 3 and 4 of the notice of motion dated 13/4/2026 pending the interpartes considerations of the notice of motion. 3.In the premises, a conservatory order is hereby issued restraining the 3rd and 4th respondent or any other persons acting on their behalf from conducting elections for Cricket Kenya as scheduled on 19/4/2026 pending the interpartes hearing of the notice of motion. 4.Secondly, a conservatory order is hereby issued restraining the 4th respondent Ronald Bukusi from performing any executive functions, issuing notices or coordinating any electoral processes for the 3rd respondent while his supervision is still in force pending interpartes hearing of the notice of motion dated 13/4/2026. 5.Prayer No. 5 shall be considered at the interpartes hearing. Upon service of this order and the pleadings which include the petition and notice of motion dated 13/4/2026, the respondents have 7 days to file and serve their responses thereto. The petitioners/applicants will have 7 days of the date of service to file and serve their rejoinder if need arises. 6.Parties to appear for mention for further directions on the mode of canvassing of the notice of motion dated 13/4/2026 on 30/4/2026.I so order DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14TH DAY OF APRIL, 2026R.E ABURILIJUDGE