UDA presidential candidate William Ruto has temporarily secured a court order to hold his final rally at Nyayo National Stadium.
The order issued by Justice Joseph Sergon in a case filed by UDA secretary general Veronica Maina stands, pending the hearing and determination of the case Thursday afternoon.
Sports Kenya, the body mandated to manage stadia in Kenya, had barred the DP from holding his final rally at the venue saying it had been booked for another function on the same day.
In a letter dated July 20, Sports Kenya indicated that there would be peace concerts that will take place at Nyayo Stadium from August 5.
“We regret to inform you that due to peace concerts scheduled to take place at both Moi International Sport Center- Kasarani and Nyayo National Stadium between August 5 to 7, 2022, the facility will not be available for their use,” Sports Kenya said.
But Justice Joseph Sergon, after hearing an application filed by the party, issued an interim order suspending implementation of the decision.
"An interim order is granted suspending the implementation by the defendant/respondent by itself, its servants, employees, agents, successors, assignees or anyone acting or claiming through or under the defendant/respondent of the decision contained in the letter dated July 20 withdrawing the availability of the suit premises to the applicant on the 6th July 2022 pending the interpartes hearing of the aforesaid motion," Sergon ruled.
The order followed a petition filed under certificate of urgency by Maina on August 1, 2022.
Justice Sergon said he had considered the facts in the affidavit in arriving at the decision after an interpartes hearing on August 3.
UDA argued before Sergon that Sports Kenya had agreed to hire the stadium at Sh1.5 million which, an amount the party paid on July 12.
Eight days later, Sports Kenya withdrew availability of the premises with the party already having incurred the Sh21 million in events logistics expenses.
"The irregular withdrawal of the intended use of the suit premises is shrouded in malice, political interference and is ill motivated," UDA told court.
UDA and the Azimio la Umoja One Kenya were fighting over the sports facility with both laying claim to the right to hold their final rally at the venue.
According to the Elections Act, parties in the August 9 general election must hold their final campaign rallies 48 hours to the polling day.
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