High Court Declines Urgent Bid to Stop Public Funding for Bayern-Ajax Match

The High Court has declined to fast-track a petition seeking to stop the Government from spending public money on the planned Bayern Munich–AFC Ajax friendly, but the legal challenge over how the event will be funded is far from over.

Justice Roselyne Aburili declined to certify the application as urgent or grant the interim orders sought by six petitioners. She observed that the remedies requested in the application were substantially similar to those in the main petition.

“I am not satisfied that the petition and the notice of motion dated 1/11/2026 are urgent and or that they should be considered ex parte, substantively in terms of the interim orders sought,” the judge ruled.

The decision does not amount to a final ruling on whether public money can be used for the match. Instead, the court has directed the petitioners to serve their papers on the respondents and interested parties, who have 10 days after service to file their responses.

The matter will return to court on November 25 for further directions.

Petition seeks disclosure of sponsorship deals

The six petitioners want the court to stop the Government from authorising, allocating or spending public funds on the match unless the expenditure is shown to comply with the Constitution and applicable financial laws.

They are also seeking orders to prevent State agencies from entering into contracts, guarantees, indemnities or other financial commitments that could leave taxpayers exposed to costs arising from the event.

Beyond the proposed spending restrictions, the petition raises a question of transparency. The petitioners want the Government to disclose sponsorship agreements, contracts, budget allocations and the financial obligations attached to the event.

They also want relevant procurement records, correspondence and other financial documents preserved as the case proceeds.

The petitioners cite a reported cost of about KSh724.6 million, equivalent to €5 million, for hosting the two European clubs. However, they acknowledge that the figure has not been independently verified and are asking the Government to provide an official breakdown.

Their challenge is therefore not limited to whether the State will make a direct payment. It also concerns possible indirect costs, including guarantees, security, transport, hospitality and other public services that may be required to stage the event.

Government insists private sponsors will pay

The court challenge follows President William Ruto’s October 28 announcement that the Raila Odinga International Stadium at Talanta Sports City would officially open on January 5, 2027, with a friendly match between Bayern Munich and Ajax.

The fixture is expected to bring two major European clubs to Nairobi as Kenya prepares to co-host the 2027 Africa Cup of Nations with Uganda and Tanzania.

Bayern Munich has also confirmed the planned Nairobi fixture on its official website, describing it as part of the stadium’s inauguration.

However, the announcement raised questions about the cost of bringing the clubs to Kenya and who would meet the bill.

Sports Principal Secretary Elijah Mwangi has maintained that the Government will not use public money to finance the event. He said private sponsors had agreed to support the arrangements.

“We are not using government money. We have gotten a private sponsor who has supported us to bring the two teams here,” Mwangi said.

His assurance is central to the debate, but the sponsor's identity, the value of the sponsorship and the full financial arrangements have not been publicly detailed in the reports available.

That leaves room for the questions raised in court: whether the sponsorship covers the entire cost of the event, whether the State has made any financial commitments and whether public resources could still be required to support the occasion.

The Government's position is that private sponsorship will meet the costs. The petitioners want documentary evidence to establish that taxpayers will not be left carrying the bill.

What happens next?

The court's decision means the planned January 5 fixture has not been stopped by the application. The petition will now move through the ordinary court process, with the respondents expected to present their position before the next directions.

The case also puts the spotlight on the financial accountability expected when the State is involved in organising a major international sporting event.

Hosting Bayern Munich and Ajax could offer Kenya international visibility as it prepares for AFCON 2027. But the public will also want clarity on the cost, the sponsors and any obligations that may fall on the Government.

For now, the match remains on the calendar. The question of who is paying for it, and whether public funds are fully protected, remains a matter for the court and the Government to address.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.