Sports disputes in Kenya range from disagreements between athletes and clubs to disciplinary decisions by federations, selection challenges and anti-doping cases. The Sports Act, 2013 created a specialist forum, the Sports Disputes Tribunal, to hear many of these matters outside the ordinary court system. Athletes, clubs, coaches and administrators who understand how sports disputes in Kenya are routed, and where the Tribunal’s jurisdiction ends, can choose the right forum and avoid losing time.
Sports disputes in Kenya: the Sports Disputes Tribunal
Section 55 of the Sports Act (No. 25 of 2013) establishes the Sports Disputes Tribunal. The Chairperson must be a person qualified to be appointed a Judge of the High Court. The Tribunal must also include at least two advocates of the High Court of Kenya with at least seven years’ experience who have experience in legal matters relating to sports or involvement in sport in any capacity, and at least two and not more than six other persons with at least ten years’ experience in sport in any capacity. Members are appointed by the Judicial Service Commission in consultation with the national sports organisations.
Members hold office for five years and may be reappointed for one further five-year term, and they serve part-time (section 56). The Chief Justice, in consultation with the Chairperson of the Tribunal, makes rules governing its practice and procedure (section 61), so the current rules should be checked before filing.
What the Tribunal can hear
Section 58 sets out the Tribunal’s jurisdiction, and it is narrower than many people assume. The Tribunal determines appeals against decisions of national sports organisations or umbrella national sports organisations whose rules specifically allow appeals to the Tribunal on the issue, including appeals against disciplinary decisions and against not being selected for a Kenyan team or squad. It also determines other sports-related disputes that all parties agree to refer to it and that it agrees to hear, and appeals from decisions of the Registrar under the Act.
In determining disputes the Tribunal may apply alternative dispute resolution methods and provide expertise and assistance on them to the parties (section 59). Because jurisdiction often depends on whether a federation’s own rules allow an appeal, or on the parties’ agreement, the dispute clause in the underlying player, coaching or sponsorship contract matters. Our guide to sports contracts in Kenya covers drafting points that prevent disputes of this kind.
Anti-doping disputes
The Anti-Doping Agency of Kenya (ADAK) is established by section 5 of the Anti-Doping Act (No. 5 of 2016). Under section 31, the Tribunal has jurisdiction to hear and determine anti-doping rule violations by national and lower-level athletes and athlete support personnel, violations by other persons subject to the Anti-Doping Rules, violations arising from national and lower-level events, Therapeutic Use Exemption decisions of ADAK, and compliance matters of sports organisations at first instance and appellate level. The Tribunal is to be guided by the World Anti-Doping Code and the related international standards.
Section 32 allows ADAK to appeal a decision of the World Anti-Doping Agency or an International Federation to the Court of Arbitration for Sport in accordance with Article 4.4 of the Code. Sanctions and any reductions depend on the Code and the applicable rules, so an athlete facing a charge should obtain advice on the current text rather than rely on a general rule about ban lengths.
Challenging a Tribunal decision
The provisions of the Sports Act on the Tribunal, sections 55 to 61 as published on Kenya Law, do not set out a general appeal on the merits from the Tribunal to the High Court. Article 165(6) of the Constitution gives the High Court supervisory jurisdiction over any person, body or authority exercising a judicial or quasi-judicial function, and Article 165(7) allows it to call for the record and make appropriate orders. Judicial review looks at the lawfulness and fairness of the process and the decision-making, rather than rehearing the case, so a party who expects a full re-hearing after losing at the Tribunal may be disappointed. Where a federation’s governing rules provide for arbitration at an international body, those rules should also be checked.
Transfer, contract and governance disputes
Transfer and contract disputes, such as claims over transfer fees or early termination of a player contract, often involve both domestic federation rules and the rules of international federations. Which forum is correct depends on the contract and those rules, so identify the forum before filing; a claim brought in the wrong forum can lose valuable time. Governance disputes, including election challenges and allegations of mismanagement, may also arise within federations and can attract court proceedings. For the wider regulatory picture, see our guide to sports governance in Kenya under the Sports Act, 2013.
How We Can Help
Clay & Associates Advocates advises athletes, clubs, federations and sponsors on sports disputes, including Tribunal filings, anti-doping charges, contract and transfer disputes and judicial review. Our litigation and dispute resolution practice acts in these matters, and our sports industry page sets out our wider work in the sector. To discuss your dispute, please contact us.
Sources: Sports Act, 2013 (No. 25 of 2013), sections 55 to 61, Kenya Law; Anti-Doping Act, 2016 (No. 5 of 2016), sections 5, 31 and 32, Kenya Law; Constitution of Kenya, Article 165(6) and (7), Kenya Law.
Frequently asked questions
Who sits on the Sports Disputes Tribunal?
A Chairperson qualified to be appointed a High Court Judge, at least two advocates with seven years’ experience, and two to six other persons with at least ten years’ experience in sport, appointed by the Judicial Service Commission (section 55 of the Sports Act).
Can I take any sports dispute to the Tribunal?
Not automatically. Under section 58 it hears appeals where the sports organisation’s rules allow them, disputes all parties agree to refer to it, and appeals from the Registrar, in addition to its anti-doping jurisdiction under the Anti-Doping Act.
Can I appeal a Tribunal decision to the High Court?
The Sports Act provisions on the Tribunal do not provide for a general merits appeal. The High Court has supervisory jurisdiction under Article 165(6) of the Constitution, exercised through judicial review of the process.
Who handles anti-doping cases?
ADAK is the agency under the Anti-Doping Act, and section 31 gives the Tribunal jurisdiction to hear anti-doping rule violations by national and lower-level athletes.
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This article is general information on Kenyan law as at its publication date, not legal advice. Reading it does not create an advocate and client relationship.
