The government will have to defend its financial arrangements for the proposed Bayern Munich-AFC Ajax friendly in court after six Kenyans challenged the possible use of public resources to stage the high-profile football encounter, although their bid to have the case heard urgently has been rejected.
Justice Roselyne Aburili declined to grant an urgent hearing, directing the petitioners to first serve all respondents and interested parties with the court documents before the matter can proceed.
In directions issued on November 2, 2026, the judge gave the respondents and interested parties 10 days from the date of service to file their replies. The case will be mentioned on November 25 for further directions.
The petition, registered as HCCHRPET/E737/2026, was lodged by six Kenyans who want the government to account for the financial arrangements behind the January 5, 2027 friendly between the German Bundesliga side and the Dutch club.
At the centre of their application is a request for conservatory orders stopping state agencies from approving, setting aside, releasing or spending public funds on the match unless the proposed expenditure is shown to meet constitutional and legal requirements.
They also want the court to prevent government institutions from signing financial agreements, issuing guarantees or indemnities, or accepting contractual obligations that could eventually transfer the cost of hosting the match to taxpayers.
In declining to grant the urgent application, Justice Aburili observed that the temporary orders being sought largely mirrored the reliefs requested 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, have named the Attorney General, Sports Cabinet Secretary, National Treasury Cabinet Secretary and Sports Kenya as respondents.
They want the four respondents compelled to produce details of sponsorship arrangements, contracts, government guarantees, financial commitments and budgetary provisions made in connection with the match.
The group has also asked the court to ensure that all records relating to the event are preserved. These include procurement files, financial documents, correspondence and contractual agreements, which they want protected until the case is concluded.
The legal challenge comes days after President William Ruto announced on October 28 that Bayern Munich would take on AFC Ajax in an international friendly at Talanta Stadium.
The petitioners have questioned the financial implications of the arrangement, pointing to media reports that Bayern Munich could receive an appearance fee of approximately five million euros, estimated at Sh724.6 million.
While acknowledging that the reported figure has not been independently confirmed, they argue that the government should provide clear information about the financial obligations attached to the event.
They maintain that the President's assurance that the match would be financed through commercial arrangements does not, on its own, prove that public funds will not be exposed to direct or indirect costs.
The six petitioners insist that their case is not an attempt to discourage Kenya from hosting major international sporting competitions. Instead, they want the government to demonstrate that all financial decisions surrounding the fixture are transparent and comply with the law.
The Law Society of Kenya and Katiba Institute have been listed as interested parties in the proceedings.
The matter will now await responses from the respondents and interested parties before the court issues further directions at the November 25 mention.