The Sports Disputes Tribunal (SDT) was established under Section 58 of the Sports Act 2013 as an independent body for resolving disputes arising in connection with sport in Kenya.

Jurisdiction

The SDT has jurisdiction over appeals against disciplinary decisions, selection disputes, eligibility rulings, disputes between clubs, disputes between athletes and their clubs or federations, and employment-related disputes in the sports context. It does not have jurisdiction over criminal conduct or disputes exclusively within an international federation’s jurisdiction.

Procedure

A party files a statement of claim; the respondent files a reply. The SDT may order mediation or conciliation before proceeding to a hearing. Hearings are less formal than court proceedings, though the rules of natural justice apply. The SDT is not bound by strict rules of evidence.

Stay Applications: Urgent Relief

Where a federation has imposed a suspension affecting an athlete’s ability to compete, an urgent application for a stay can be made to the SDT. The test mirrors Order 42 Rule 6 of the Civil Procedure Rules: a prima facie case, balance of convenience in favour of a stay, and irreparable harm if no stay is granted.

Appeals

Decisions can be appealed to the High Court on points of law. Further appeal to the Court of Appeal is available. Constitutional matters can be reviewed by the High Court regardless of whether the SDT procedure has been exhausted.

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