Republic v Sports Tribunal & another; Bandari Football Club (Exparte Applicant) (Employment and Labour Relations Judicial Review E007 of 2025) [2025] KEELRC 1716 (KLR)
The bottom line
#Kenya's High Court has allowed Bandari FC to challenge whether the Sports Disputes Tribunal can hear its coach's employment dispute.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application meets the test for grant of leave to apply for judicial review
- 2.Whether the Sports Disputes Tribunal has jurisdiction to hear and determine the employment dispute involving a football coach
- 3.Whether the judicial review application is an abuse of court process / a veiled appeal
Key legal issues
#Whether leave to apply for judicial review should be granted
Leave was granted; the court found the application arguable and merited institution of judicial review proceedings.
Applying the test in Republic v County Council of Kwale ex parte Kondo, the court held that leave is granted where the material discloses an arguable case fit for further investigation at a full inter partes hearing. The court found that the Applicant's challenge to the Tribunal's ruling on jurisdiction raised a question of legality and jurisdiction fit for further investigation, and accordingly allowed the chamber summons.
Legal principles established
#- Leave to apply for judicial review may be granted where, on the material available and without going into the matter in depth, there is an arguable case fit for further investigation at a full inter partes hearing.
Court orders
#- 1.Leave granted to the ex-parte Applicant to institute judicial review proceedings before the court
- 2.The Applicant directed to proceed and file the main judicial review application
- 3.Costs in the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- High Court's supervisory judicial review jurisdiction (Fair Administrative Action Act; Article 47 of the Constitution invoked by the Applicant)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Having considered the submissions of the parties herein, I find the application to institute judicial review proceedings before this court is merited. I allow the application accordingly and direct the applicant to proceed and file the main judicial review application. Costs in the application.
Leave may only be granted therefore if on the material available the court is of the view, without going into the matter in depth, that there is an arguable case for granting the relief claimed by the applicant the test being whether there is a case fit for further investigation at a full interpartes hearing
Issues in the judgment
#The judgment does not specify the case number of the judicial review application before the High Court.
Inconsistent references to the dispute resolution clause - described as clause 8 in the orders sought but clause 9 in the submissions.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Sports Tribunal & another; Bandari Football Club (Exparte Applicant) (Employment and Labour Relations Judicial Review E007 of 2025) [2025] KEELRC 1716 (KLR)", Case Analysis (2025). Judicial Review Application dated 17th February 2025 (Chamber Summons). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1716/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.