BY SAM ALFAN.
The High Court has given greenlight to Deputy President William Ruto United Democratic Party (UDA) to conduct their final political rally at Nyayo Stadium this Saturday.
Justice Joseph Sergon directed Sport Kenya to allow the UDA to use the stadium on August 6, 2022 as per the contract signed on July 12, 2022.
The judge further directed Officer Commanding Police (OCS), Lang’ata police station to ensure compliance of the court order.
“I find the plaintiff’s motion dated 1st August, 2022 to be meritorious and it is allowed,” ruled Judge Sergon.
The Judge noted that UDA expressly stated that it had planned to hold its political rally at the venue and contracted various persons for the event. He noted that the party will suffer irreparable damage, which cannot be quantified in monetary terms.
The court said UDA had complied with all the requirements and paid for the venue and it was therefore not available for any other party, other than UDA on that particular day.
Sports Kenya had written to UDA saying the venue was no longer available as it had been booked for prayers on August 6, 2022.
DP Ruto’s party argued that it paid Sh1.5 million only for Sports Kenya to withdraw from the deal. The court heard that Nyayo and Moi International Sports Centre – Kasarani had been hired by undisclosed peace concerts scheduled to take place between 5th and 7th August.
UDA also said it also hired Events & Promotions Ltd for logistical planning of the rally at a cost of Sh21 million.
The party said it is a major contender for the 2022 General Elections and the actions or omissions by Sports Kenya will cause irreparable damage which cannot be compensated in monetary terms.
It is also stated that the irregular withdrawal of the intended use of the suit premises is marred by in malice, political interference and is ill-motivated.
Sports Kenya on its part urged this court to dismiss the plaintiff’s motion stating that it is mandated under Section 5(f) of the Sports Act to regulate the provision of services and use of facilities of sports in Kenya.
The corporation further urged the court not to entertain the dispute since the defendant merely exercised the public authority of a public body.
