The High court has ordered Sports Kenya to allow the United Democratic Alliance party to use Nyayo stadium on 6th August in accordance with the contract signed by the two parties.
In his ruling, Justice J. K. Sergon said, “a mandatory order of injunction is granted compelling Sports Kenya, the defendant herein, by itself, its employees, servants, agents, successors, assignees or any one acting or claiming through or under the defendant to allow the United Democratic Alliance(UDA), the plaintiff herein to use the Nyayo National Stadium on 6th August, 2022 as per the contract of Hire executed on 12th July, 2022.”
He further directed the Officer Commanding Police Division, Lang’ata to ensure compliance with the orders made.
Justice Sergon said a party, and particularly a public body like Sports Kenya can not be allowed to act in the manner it did.
“Basically the defendant attempted to blatantly breach the contract of hire it entered with the plaintiff without giving any reasons to justify its action,” He said.
He ruled that Sports Kenya’s conduct in the matter manifest malice and ill motive on its part.
“It is also apparent from the pleadings and the submissions that the defendant reserved Nyayo National Stadium for the plaintiff to use to hold its political rally on 6th August, 2022 after the plaintiff complied with all the requirements. The venue was therefore not available for any other party to use on that particular day since it had been reserved for the plaintiff to hold its rally. The defendant could not therefore purport to reserve it for any other party since it was already committed and paid for,” He said.
UDA told the Court that it made a request via a letter dated 7th June, for reservation of the Nyayo National Stadium to hold a political rally on 6th August, 2022 and that by a contract of hire dated 12th July, 2022 the Sports Kenya agreed to hire out the aforesaid facility to the plaintiff/applicant for purposes of holding the rally
Upon the execution of the Contract of Hire, UDA proceeded to pay the requisite fees of ksh 1,508,000 but on 20.7.2022 Sports Kenya wrote to the the party purporting to withdraw the availability of the suit premises together with Moi International Sports Centre – Kasarani on the pretext that there are undisclosed peace concerts scheduled to take place between 5th August 2022 and 7th August 2022.
Sports Kenya claimed it received a letter of reservation from Homeboyz Entertainment PLC indicating that it had been commissioned by the Government of Kenya to hold a series of peace concerts between the 5th August and to 7th August ,2022 and that it proceeded to confirm to Homeboyz that the two venues namely Nyayo National Stadium and Moi International Sports Centre- Kasarani were available for them.
