Republic v Gicheru & 15 others; Karanja (Ex parte)

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **JUDICIAL REVIEW NO. E292 OF 2026** **REPUBLIC………………………….…………………………………APPLICANT** **VERSUS** **DENNIS GICHERU,** **FKF ACTING GENERAL SECRETARY & CEO,** **& 14OTHERS………………………………………….….……RESPONDENTS** **AND** **PRINCIPAL SECRETARY,** **STATE DEPARTMENT FOR SPORTS….....…. INTERESTED PARTY** ***EX PARTE*: BRIAN MBUGUA KARANJA** **RULING** 1. The *ex parte* applicant lodged papers herein, dated 5th August 2026, seeking leave to bring judicial review proceedings. The matter was placed before me, on 6th August 2026, under certificate of urgency. I directed that the said papers be served on the respondents and the interested party, to facilitate disposal of the application for leave through *inter* *partes* hearing. I directed that, upon service, responses be filed, and the matter be canvassed by way of written submissions. 2. The matter challenges nomination of members to the CAF-AFCON 2027 Local Organising Committee, and seeks orders to quash the nominations, to prohibit the giving effect to those nominations, and to compel convening of a meeting of the Federation Kenya Football to deliberate on making nominations to the said committee. 3. There is a response to the application, by the 1st respondent, vide an affidavit that he swore on 27th August 2026. It is averred that this matter is *sub judice*, for there is a similar matter, filed prior, before the Sports Disputes Tribunal, being SDTC No. E043 of 2026, pitting a Mr. Josphat Kipruto Maritim against the respondents herein. It is averred that there is a ruling due in that matter, scheduled for 15th September 2026. The *ex parte* applicant is urged to join that cause, instead of prosecuting the cause herein. *Republic vs. Kariuki & 3 others* [2020] eKLR is cited. 4. To support the assertions made in the replying affidavit, several documents have been attached. 2 are critical. 1 is the pleadings filed in SDTC No. E043 of 2026, dated 16th July 2026, where the nominations made to the CAF-AFCON 2027 Local Organising Committee are what is in contention, and the individuals sued are the respondents herein and the interested party. The other is a copy of the directions given, in that matter, on 20th July 2026, on how it is to be handled. 5. Clearly, the instant matter was initiated during the pendency of another matter, before another tribunal, raising the same issues. It could be that the applicant herein is not party to that matter, but the bottom-line remains that the same issue, the nominations to the CAF-AFCON 2027 Local Organising Committee, is what is in contention here and in that cause. Filing a cause, on the same issues as a pending one, is an abuse of the court or judicial process. The applicant herein may consider seeking to be joined to the proceedings in SDTC No. E043 of 2026. 6. Where parallel suits are filed, the law prescribes the staying of the cause filed in abuse of court process, or its consolidation with the earlier suit. I cannot do either of those here, for the pending proceedings are before a tribunal, rather than a court of law. Secondly, these are judicial review proceedings, while the proceedings in SDTC No. E043 of 2026 were initiated by way of statement of claim. 7. The matter before me seeks leave to initiate judicial review proceedings. It would be imprudent to grant such leave, when the Sports Disputes Tribunal is already seized of another matter turning on the same issues. The leave sought herein is denied, and these proceedings are dismissed. Let the file herein be closed. Orders accordingly. **DELIVERED, VIA CTS, DATED AND SIGNED IN CHAMBERS, AT NAIVASHA, ON THIS 31ST DAY OF AUGUST 2026.** **WM MUSYOKA** **JUDGE** **Mr. Abdirahman, Court Assistant.** **Advocates** **Messrs. RBZ Advocates LLP, for the *ex parte* applicant.** **Messrs. MKN & Company, Advocates for the 1st and 3rd respondents.**