The High Court has declined to certify as urgent a petition seeking to block the proposed friendly match between Bayern Munich and AFC Ajax scheduled for January 2027 at the Raila Odinga International Stadium in Nairobi, Kenya.
On Tuesday, November 3, Lady Justice Ruth Aburili rejected the petitioners' request to have the case heard urgently and to issue conservatory orders stopping the football event.
Justice Aburili observed that the reliefs sought in the main petition substantially overlapped with those outlined in the notice of motion, making it difficult for the court to grant the interim orders requested.
"I am not satisfied that the petition and the notice of motion dated 1/11/2026 are urgent and or that they should be considered ex parte, substantively in terms of the interim orders sought," Lady Justice Aburili ruled.
The decision followed a petition filed last week by six individuals who raised concerns over possible constitutional violations linked to the planned football spectacle.
The petitioners asked the court to stop the government from committing public funds to the event unless it could demonstrate that the expenditure complied with the Constitution and relevant financial laws.
They also sought orders barring the government from signing contracts, issuing guarantees or entering into financial arrangements that could expose taxpayers to financial obligations arising from the match.
Additionally, they wanted the government compelled to disclose sponsorship agreements, contracts, budgetary allocations and any other financial commitments connected to the event.
In their court papers, the petitioners sought conservatory orders preventing the government and its representatives from authorising or releasing public money towards the match scheduled for January 5, 2027.
"Pending the hearing and determination of this petition, the petitioners respectively pray that this court be pleased to Issue a conservatory order restraining the respondents, whether by themselves, their agents, servants or any other person acting under their authority, from authorizing, allocating, releasing, committing or expending public funds towards the Bayern Munich and AFC Ajax football event scheduled at Talanta Stadium on January 5, 2027, unless such expenditure is demonstrated to comply with the Constitution and applicable financial laws," the documents read in part.
The petitioners further cited reports indicating that hosting the two European clubs could cost approximately Ksh724.6 million (€5 million).
However, they clarified that the reported figure had not been independently verified and called for the government to provide an official breakdown of the anticipated expenditure.
Following her decision, Justice Aburili directed the petitioners to serve the petition and notice of motion on all respondents and interested parties.
The respondents, including the Ministry of Sports, were given 10 days to file and serve their responses. The case will return to court for mention on November 25.
President William Ruto announced on October 28 that the 60,000-seater Talanta Stadium would officially open on January 5, 2027, with an inaugural match pitting German giants Bayern Munich against Dutch side AFC Ajax.
The announcement sparked questions about the financing of the high-profile event, particularly whether taxpayers would bear the cost of bringing the two clubs to Nairobi.
However, Sports Principal Secretary Elijah Mwangi dismissed concerns over government expenditure, maintaining that private sector players would finance the event.
"We are not using government money. We have gotten a private sponsor who has supported us to bring the two teams here," Mwangi said.
