High Court declines to certify petition against public funding for Bayern Munich-Ajax friendly as urgent

High Court declines to certify petition against public funding for Bayern Munich-Ajax friendly as urgent

The petition, filed by six Kenyans under case number HCCHRPET/E737/2026, seeks to compel the government to disclose the financial arrangements surrounding the January 5, 2027 match between the German and Dutch football giants.

The High Court has declined to certify as urgent a petition seeking to stop the government from committing public funds towards the proposed Bayern Munich and AFC Ajax football friendly at Talanta Stadium.

Justice Roselyne Aburili declined to grant the petitioners' request for urgent consideration of the application, directing them to serve the petition and application upon all respondents and interested parties.

In directions issued on November 2, 2026, Justice Aburili ordered the respondents and interested parties to file and serve their responses within 10 days after being served.

The judge scheduled the matter for mention on November 25, 2026, for further directions.

The petition, filed by six Kenyans under case number HCCHRPET/E737/2026, seeks to compel the government to disclose the financial arrangements surrounding the January 5, 2027 match between the German and Dutch football giants.

The petitioners are also seeking conservatory orders restraining the government from authorising, allocating, releasing, committing or spending public funds towards the event unless the expenditure is demonstrated to comply with the Constitution and applicable financial laws.

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They further want the court to restrain government agencies from entering into financial commitments, guarantees, indemnities or contractual obligations that could expose taxpayers to liabilities arising from the match.

However, Justice Aburili observed that the remedies sought in the application were substantially similar to those pleaded in the main petition.

"I am not satisfied that the petition and the notice of motion dated November 1, 2026 are urgent and/or that they should be considered ex parte, substantively in terms of the interim orders sought," the judge stated.

The petitioners, led by Erick Mankuyio and Julius Kamau, want the Attorney General, Sports Cabinet Secretary, National Treasury Cabinet Secretary and Sports Kenya compelled to disclose sponsorship agreements, financial commitments, government guarantees, contracts and budgetary allocations relating to the event.

They are also seeking preservation of all financial records, procurement documents, contracts and correspondence pending determination of the case.

The case follows President William Ruto's October 28 announcement that Bayern Munich would face AFC Ajax in an international friendly at Talanta Stadium.

The petitioners cited media reports suggesting Bayern Munich could receive approximately five million euros (about Sh724.6 million) as an appearance fee, although they acknowledge that the figure has not been independently verified.

They argue that the President's assurance that the match would be commercially funded does not sufficiently establish that taxpayers will be shielded from financial obligations.

The six say their petition is not intended to oppose international sporting events but seeks accountability and transparency in the use of public resources.

The Law Society of Kenya and Katiba Institute have been named as interested parties.