Point in Time
Act No: No. 25 of 2013
Act Title: SPORTS
[ Date of commencement: 1st August, 2013. ]
[ Date of assent: 14th January, 2013. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Sports Act, 2013.

PART II – ESTABLISHMENT OF SPORTS KENYA
3.
Establishment of Sports Kenya
(1)

There is established a body to be known as Sports Kenya.

(2)

Sports Kenya shall be a body corporate with perpetual succession and a common seal and shall in its corporate name be capable of—

(a)

suing and being sued;

(b)

taking, purchasing or otherwise acquiring, holding and disposing of movable and immovable property;

(c)

borrowing money, with the approval of the Cabinet Secretary and subject to such limitations and conditions as may be imposed by the Treasury with respect to state corporations generally or specifically with respect to Sports Kenya; and

(d)

doing or performing any other things or acts for the proper performance of its functions under this Act which may be lawfully done or be performed by a body corporate.

(3)

Sports Kenya shall be the successor to the Sports Stadia Management Board established by the Sports Stadia Management Board Order (L.N. 180/2002).

(4)

Subject to this Act, all the rights, duties, obligations, assets and liabilities of the Sports Stadia Management Board existing immediately before the commencement of this Act shall be automatically and fully transferred to Sports Kenya.

(5)

The headquarters of Sports Kenya shall be in Nairobi, but Sports Kenya may establish offices at any other place in Kenya.

(6)

Sports Kenya shall ensure access to its services in all parts of the Republic in accordance with Article 6(3) of the Constitution.

4.
Functions of Sports Kenya

The functions of Sports Kenya shall be to—

(a)

promote, co-ordinate and implement grassroots, national and international sports programs for Kenyans, in liaison with the relevant sports organizations and facilitate the active participation of Kenyans in regional, continental and international sports, including in sports administration;

(b)

manage and maintain the sports facilities specified in the First Schedule and any other facilities which the Cabinet Secretary may, by notice in the Gazette, declare to be sports facilities for the purposes of this Act;

(c)

establish, manage, develop and maintain the sports facilities, including convention centers, indoor sporting and recreational facilities for the purposes of this Act;

(d)

adopt, develop, plan, set stadia standards and licence and regularly inspect stadia for sporting and recreational use;

(e)

establish and maintain a sports museum;

(f)

participate in the promotion of sports tourism;

(g)

provide the necessary amenities or facilities for persons using the services or facilities provided by Sports Kenya;

(h)

operate sports facilities on public grounds in such manner as it deems necessary;

(i)

collaborate with county governments, learning institutions and other stakeholders concerned with sports and recreation, in the search, identification and development of sporting talent, provision of sports equipment, facilities and technical training,

(j)

identify and recommend talents in sports to national sports organizations;

(k)

inculcate the sense of patriotism and national pride through sports and recreation, create awareness on matters of national interest through sporting events, create awareness on the benefits of regular participation in sports for healthy living and provide advisory and counseling services to athletes;

(l)

determine the national colours to be used in national and international competitions, in consultation with the relevant national sports organizations;

(m)

facilitate the preparation and participation of Kenyan teams in various international events and the hosting of similar events in the country and recommend members of steering committees for international sports competitions, in consultation with the relevant national sports organizations;

(n)

recommend to the relevant authorities issuance of work permits and visas to foreign athletes and technical sports personnel, in consultation with the relevant national sports organizations;

(o)

approve, at the request of the respective national sports organizations, the clearance of foreign sports technical personnel before engagement by national sports organizations and other sporting bodies;

(p)

organize and co-ordinate training, conduct research, maintain a resource centre and provide and engage consultancy services for sports development programmes, in consultation with the respective national sports organizations;

(q)

with the approval of the Cabinet Secretary, prescribe charges or fees in respect of—

(i) access to, or use of, any of the resources or facilities of Sports Kenya;
(ii) the provision of programs, services, information or advice by Sports Kenya; and
(iii) the admission of persons to events and activities organized by Sports Kenya;
(r)

recommend, in liaison with the relevant sports organisations, tax exemption for sportspersons; and

(s)

perform such other functions related to the implementation of this Act as may be directed by the Cabinet Secretary.

5.
Powers of Sports Kenya

Sports Kenya shall have the power to—

(a)

erect buildings and structures and carry out works necessary or desirable for the purposes of Sports Kenya;

(b)

appoint agents and attorneys;

(c)

engage persons to perform services for Sports Kenya;

(d)

obtain commercial sponsorship for Sports Kenya and participate in marketing arrangements involving endorsement by Sports Kenya of products and services associated with sports;

(e)

provide, whether by sale or otherwise, any article or thing bearing a mark, symbol or writing that is associated with Sports Kenya;

(f)

regulate the provision of services and use of the facilities of Sports Kenya;

(g)

act as an agent for any person engaged, whether within Kenya or elsewhere, in the performance of services, or the provision of facilities, of a kind similar or complementary to those performed or provided by Sports Kenya;

(h)

undertake the construction or execution of any works on land vested in Sports Kenya; and

(i)

make regulations, with the approval of the Cabinet Secretary—

(i) relating to the use, safety or maintenance of the stadia falling within its responsibility;
(ii) relating to the erection of structures on, near, over or under the stadia falling within its responsibility;
(iii) for the drainage of streets, lands, compounds and buildings adjacent to the stadia;
(iv) for the inspection of the level, width and construction of stadia and play grounds; and
(v) for the removal, demolition or alteration of any projection, structure or thing obstructing a stadia or likely to cause damage or inconvenience to sports facility users.
7.
Powers of the Board

The Board shall have all the powers necessary for the performance of the functions of Sports Kenya under this Act and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to—

(a)

manage, control and administer the assets of Sports Kenya in such manner and for such purposes as best promote the purposes for which Sports Kenya is established;

(b)

receive any gifts, grants, donations or endowments made to Sports Kenya or any other monies in respect of Sports Kenya and make disbursements therefrom in accordance with the provisions of this Act;

(c)

determine the provisions to be made for capital and recurrent expenditure and for reserves of Sports Kenya;

(d)

open a banking account or banking accounts for the funds of Sports Kenya; and

(e)

invest any monies of Sports Kenya not immediately required for the purposes of this Act in the manner provided in section 11.

(f)

make grants or lend money, and provide scholarships to sportspersons and staff of Sports Kenya; and

(g)

do any other thing necessary, or expedient for the discharge of it’s functions under the Act.

8.
Director-General
(1)

Sports Kenya shall have a Director-General, who shall be appointed by the Board, through a competitive recruitment process.

(2)

A person shall not be qualified for appointment as the Director-General unless that person has held a similar position or served in executive management in an institution of equal status for at least five years and has at least ten years’ experience and proven competence in sports and facility management and operation of commerce, industry, finance or general administration.

(3)

The Director-General shall hold office for a term of three years renewable only once and on such terms and conditions of employment as Sports Kenya may determine.

(4)

The Director-General shall, subject to the general direction and control of the Board, be responsible for the day-to-day operations and administration of Sports Kenya, and in particular for—

(a)

the implementation of the policies and programmes and agreed objectives, performance targets and service standards of Sports Kenya;

(b)

the proper management of the funds and property of Sports Kenya;

(c)

the organization and control of the staff of Sports Kenya;

(d)

the formulation, development and implementation of the strategic plan, business plan, annual plan and operations plan for achieving Sports Kenya’s objectives;

(e)

co-operation with other lead agencies and organizations in the sports sector;

(f)

the development of an economic, efficient and cost effective internal management structure;

(g)

the provision of advice as required on all matters within Sports Kenya’s responsibility; and

(h)

the performance of any other function necessary for the implementation of this Act as may be assigned to him by the Board.

9.
Staff of Sports Kenya
(1)

Sports Kenya may appoint such other officers and staff as may be necessary for the proper and efficient performance of its functions.

(2)

The officers and staff appointed under this section shall, hold office on such terms and conditions as may be determined by the Board and specified in their instruments of appointment.

[L.N. 92/2013, Sch.]

10.
Delegation of powers of the Board
(1)

The Board may, in writing, delegate to the Chairperson, a member of the Board, an officer of Sports Kenya or to a Committee of the Board established in accordance with the Third Schedule, any of the powers, duties or functions of Sports Kenya under this Act.

(2)

The powers, duties and functions delegated under subsection (1) shall be exercised in accordance with the terms and conditions specified in the instrument of delegation and subject to such directions or guidelines as the Board may, from time to time issue, in writing.

(3)

A person aggrieved by the decision of a person exercising powers delegated under this section may appeal to the Board.

PART III – ESTABLISHMENT OF THE NATIONAL SPORTS FUND
12.

Repealed by Act No. 7 of 2019, s. 5.

13.

Repealed by Act No. 7 of 2019, s. 5.

14.

Repealed by Act No. 7 of 2019, s. 5.

15.

Repealed by Act No. 7 of 2019, s. 5.

16.

Repealed by Act No. 7 of 2019, s. 5.

17.

Repealed by Act No. 7 of 2019, s. 5.

18.

Repealed by Act No. 7 of 2019, s. 5.

19.

Repealed by Act No. 7 of 2019, s. 5.

20.

Repealed by Act No. 7 of 2019, s. 5.

21.

Repealed by Act No. 7 of 2019, s. 5.

22.

Repealed by Act No. 7 of 2019, s. 5.

23.

Repealed by Act No. 7 of 2019, s. 5.

24.

Repealed by Act No. 7 of 2019, s. 5.

25.

Repealed by Act No. 7 of 2019, s. 5.

26.

Repealed by Act No. 7 of 2019, s. 5.

27.

Repealed by Act No. 7 of 2019, s. 5.

28.

Repealed by Act No. 7 of 2019, s. 5.

29.

Repealed by Act No. 7 of 2019, s. 5.

30.

Repealed by Act No. 7 of 2019, s. 5.

31.

Repealed by Act No. 7 of 2019, s. 5.

32.

Repealed by Act No. 7 of 2019, s. 5.

[Act No. 7 of 2019, s. 5.]

PART IV – ESTABLISHMENT OF THE KENYA ACADEMY OF SPORTS
33.
Establishment of the Academy of Sports
(1)

There is established an Academy to be known as the Kenya Academy of Sports.

(2)

The Academy shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—

(a)

suing and being sued;

(b)

taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and

(c)

doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate.

(3)

The headquarters of the Academy shall be in Nairobi, but the Academy may establish offices at any other place in Kenya.

(4)

The Academy shall ensure access to its services in all parts of the Republic in accordance with Article 6(3) of the Constitution.

34.
Functions of the Academy

The functions of the Academy shall be to—

(a)

establish and manage sports training academies;

(b)

organize, administer and co-ordinate sports courses for technical and sports administration personnel;

(c)

promote research and development of talent in sports, in collaboration with institutions of higher learning, national sports organizations and other stakeholders;

(d)

collect, collate, store and disseminate tangible and intangible historical sports material to the public, sports organizations, researchers and institutions of learning;

(e)

receive and analyze data on training requirements from sports organizations;

(f)

link with other institutions and organizations for regular updates on the current sports trends; and

(g)

perform any other function that may directly or indirectly contribute to the attainment of the foregoing.

35.
Constitution of the Council
(1)

The management of the Academy shall vest in a Council which shall consist of—

(a)

a chairperson, who shall be a person knowledgeable in sports, finance or commerce, appointed by the President;

(b)

the Principal Secretary in the Ministry for the time being responsible for sports;

(c)

the Principal Secretary in the Ministry for the time being responsible for finance;

(d)

the Attorney-General;

(e)

the Director General, Sports Kenya;

(f)

the Chief Executive Officer of the Academy appointed under section 37 who shall be the Secretary;

(g)

two other persons who have experience in the management of training Academys, corporate sector or sports, appointed by the Cabinet Secretary;

(k)

four other persons appointed by the Cabinet Secretary on nomination by—

(i) the sports organizations recognized as the national co-ordinating bodies for the promotion and development of high performance Olympic, Paralympic and Deaflympics sports in Kenya; and
(ii) the national multi-sport sports organization that is responsible for the adherence to all the codes for sports and recreational bodies.
(2)

The members of the Council under subsection (1)(b) to (d) may attend the meetings of the Council in person or designate a representative, in writing to attend on their behalf.

(3)

Any member of the Council, appointed under subsection (1)(g) and (h) shall, subject to the provisions of this Act, hold office for a period not exceeding three years, on such terms as may be specified in the instrument of appointment and shall be eligible for reappointment for a further and final term of three years.

(4)

Appointment to the Council under subsection (1)(g) and (h) shall be by name and notice in the Gazette.

(5)

The chairperson or a member of the Council, other than an ex officio member, may—

(a)

at any time resign from office by notice in writing to the Cabinet Secretary;

(b)

be removed from office by the Cabinet Secretary if the member—

(i) has been absent from three consecutive meetings of the Council without the permission of the chairperson;
(ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors;
(iii) is convicted of fraud, forgery, uttering a forged document, or for any offence under the Anti-Corruption and Economic Crimes Act (No. 3 of 2003);
(iv) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; or
(v) is incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to discharge the duties of a member of the Council.[L.N. 92/2013, Sch.]
36.
Powers of the Council

The Council shall have all the powers necessary for the performance of the functions of the Academy under this Act and in particular, but without prejudice to the generality of the foregoing, the Council shall have power to—

(a)

manage, control and administer the assets of the Academy in such manner and for such purposes as best promote the purposes for which the Academy is established;

(b)

receive any gifts, grants, donations or endowments made to the Academy or any other monies in respect of the Academy and make disbursements therefrom in accordance with the provisions of this Act;

(c)

determine the provisions to be made for capital and recurrent expenditure and for reserves of the Academy;

(d)

open a banking account or banking accounts for the funds of the Academy; and

(e)

invest any monies of the Academy not immediately required for the purposes of this Act in the manner provided in section 38.

[L.N. 92/2013, Sch.]

37.
Chief Executive Officer of the Academy and other members of staff
(1)

There shall be a Chief Executive Officer of the Academy who shall be appointed by the Council, through a competitive recruitment process.

(2)

The Chief Executive Officer shall hold office for such period and on such terms and conditions of employment as the Council may determine.

(3)

The Chief Executive Officer shall be an ex officio member of the Council and shall not have the right to vote at a meeting of the Council.

(4)

The Council may appoint such other officers and staff as may be necessary for the proper and efficient performance of its functions.

(5)

The officers and staff appointed under this section shall, hold office on such terms and conditions as may be determined by the Council and specified in their instruments of appointment.

PART V – FINANCIAL PROVISIONS
39.
Financial year
(1)

The financial year of the sports institutions established under this Act shall be the period of twelve months ending on the thirtieth June in each year.

(2)

Notwithstanding subsection (1), the first financial year of the sports institutions shall commence on the date on which this Act comes into operation and end on the thirtieth June of the subsequent year.

41.
Annual estimates
(1)

Every sports institution shall, at least three months before the commencement of each financial year, cause to be prepared and submitted to the Cabinet Secretary an annual budget based on the five-year sports investment program in respect of the following financial year comprising estimates of expected recurrent, maintenance, development and capital expenditure of the sports institution in the said financial year.

(2)

The annual estimates shall make provision for all estimated expenditure of the sports institution for the financial year and in particular, shall provide for—

(a)

the payment of salaries, allowances and other charges in respect of the officers, agents or members of staff of the sports institution;

(b)

the payment of pensions, gratuities and other charges in respect of retirement benefits payable to the members of staff of the sports institution;

(c)

the proper maintenance, repair and replacement of the equipment and other movable property of the sports institution; and

(d)

the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the sports institution may deem appropriate.

(3)

The annual estimates shall be approved by respective governing bodies of the sports institutions before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and once the annual estimates are approved by the Cabinet Secretary, the respective sports institution shall not increase the sum provided without the written consent of the Cabinet Secretary.

(4)

No expenditure shall be incurred for the purposes of a sports institution except in accordance with the annual estimates approved under subsection (3).

(5)

A sports institution shall not undertake any activity that is outside the budget approved under subsection (3) unless the sports institution has obtained the written approval of the Cabinet Secretary, and the Cabinet Secretary for the time being responsible for finance.

[L.N. 92/2013, Sch.]

42.
Accounts and audit
(1)

Every sports institution shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and the liabilities of the respective sports institution and shall prepare an annual statement of accounts in conformity with international accounting standards.

(2)

The accounts of the sports institutions shall be audited and reported in accordance with the Public Audit Act, 2003 (No. 12 of 2003).

[L.N. 92/2013, Sch.]

43.
Power to borrow
(1)

A sports institution may, with the approval of the Cabinet Secretary and the Cabinet Secretary responsible for matters relating to finance, borrow money required by it for the exercise of its functions and for meeting its obligations.

(2)

The approval under subsection (1) may be general or limited to a particular transaction and may be unconditional or subject to such conditions as may be specified.

[L.N. 92/2013, Sch. Sch.]

PART VI – REGISTRATION AND REGULATION OF SPORTS AND LICENSING
45.
Sports Registrar
(1)

There shall be an office of the Sports Registrar which shall be an office within the Public Service.

(2)

The Public Service Commission shall appoint the Sports Registrar who shall be—

(a)

in charge of the office of the Sports Registrar;

(b)

responsible for the registration and regulation of sports organizations and multi-sports bodies representing sports organizations at the national level, in accordance with the provisions of this Act;

(c)

responsible for the matters relating to the licensing of professional sports and professional sports persons in accordance with the provisions of this Act; and

(d)

responsible for the arbitration of registration disputes between sports organizations.

(3)

The Registrar shall keep and maintain a register of the registered sports organizations and such other particulars relating to the registered sports organizations as may be prescribed.

(4)

The Registrar shall issue licences for professional sports in accordance with the regulations and the requirements that the Cabinet Secretary may prescribe and any other relevant law.

(5)

A copy of an entry in the register certified by the Registrar shall, for purposes of any written law, be prima facie evidence of the facts stated in the certificate.

[L.N. 92/2013, Sch.]

46.
Registration of sports organizations
(1)

A body shall not operate as a sports organization unless it is registered under this Act.

(2)

The Registrar shall register sports organizations as either—

(a)

a sports club;

(b)

a county sports association; or

(c)

a national sports organization.

(3)

An application for registration of a national sport organization shall—

(a)

be submitted to the Registrar; and

(b)

be in the prescribed form and shall specify—

(i) the name of the sports organization;
(ii) the category under which it is to be registered;
(iii) the office-bearers of the applicant;
(iv) the head office and postal address of the applicant;
(v) sources of funding of the applicant;
(vi) national and international affiliation, if any; and
(vii) such other information as the Cabinet Secretary may prescribe.
(4)

An application for registration under this section shall be accompanied by—

(a)

a certified copy of the constitution of the applicant; and

(b)

such fees as the Cabinet Secretary may prescribe.

(5)

A constitution submitted under subsection (3) shall contain, as a basic minimum, the provisions set out in the Second Schedule.

(6)

All national sports organizations registered under this Act shall be open to the public in their leadership, activities and membership.

(7)

A certificate of registration issued under this section—

(a)

shall be conclusive evidence of authority to operate throughout the country as may be specified in the certificate of registration; and

(b)

may contain such terms and conditions as the Registrar may prescribe.

[L.N. 92/2013, Sch.]

47.
Certificate of registration
(1)

A national sports organization registered under this Act shall be issued with a certificate of registration in the prescribed form.

(2)

The Registrar shall not register more than one national sports organizations run any one discipline.

[L.N. 92/2013, Sch.]

48.
Rejection of application
(1)

The Registrar may reject an application for registration of a body as a sports organization if the Registrar is satisfied that—

(a)

its proposed activities or procedures are not in the national interest; or

(b)

the body has given false information to secure registration.

(2)

The Registrar shall notify the applicant, in writing, of the rejection of its application for registration within fourteen days from the date of such rejection.

49.
Transition of existing sports organizations
(1)

A sports organization, which was duly registered under the Societies Act (Cap. 108) and existing immediately before the commencement of this Act shall be required to apply for registration under this Act within one year after the commencement of this Act.

(2)

A sports organization, which was duly registered under the Societies Act (Cap. 108) and existing immediately before the commencement of this Act shall not be deemed to be an unlawful sports organization before the period prescribed under subsection (1) has expired.

(3)

An existing sports organization that does not apply for registration within the time prescribed in subsection (1), shall not be recognized as a sports organization for the purposes of this Act:

Provided that an existing sports organization in respect of which—

(a)

an application for registration has been made by it under subsection (1) and has not been rejected; or

(b)

an appeal has been lawfully made under this Act and remains undetermined,

shall continue to be recognized as a sports organization for the purposes of this Act.

[L.N. 92/2013, Sch.]

50.
Effect of registration of existing sports organization
(1)

Upon the registration of an existing sports organization under this Act—

(a)

all the funds, assets and other property, movable and immovable, which immediately before such registration were held by that sports organization or on its behalf shall vest in the sports organization registered under this Act;

(b)

all rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforceable by or against an existing sports organization shall, be vested in, imposed on or be enforceable by or against the sports organization registered under this Act.

[L.N. 92/2013, Sch.]

51.
Cancellation of certificate
(1)

The Registrar may cancel a certificate of registration issued to a sports organization under this Act if the Registrar is satisfied that—

(a)

the registration was procured through misrepresentation or non-disclosure of material facts;

(b)

the terms or conditions attached to the certificate of registration have been violated; or

(c)

the sports organization has breached the provisions of this Act or any other law.

(2)

The Registrar shall before cancelling the certificate of registration of a sports organization, notify the sports organization of the intended cancellation, giving reasons for the intended cancellation and give the sports organization an opportunity to be heard.

(3)

The Registrar shall notify a sports organization, in writing, of the cancellation of its certificate or registration within fourteen days from the date of such cancellation.

[L.N. 92/2013, Sch.]

52.
Inspection of sports organizations
(1)

The Registrar may, at any time, or if so directed by the Cabinet Secretary, cause an inspection to be made by any person authorized by the Registrar, in writing, of any sports organization, branch, sub-branch, organ, or any person associated with any sports organization, and of its or his books, accounts and records.

(2)

When an inspection is made under subsection (1), the sports organization, branch, sub-branch, organ or person concerned, and every official and employee thereof shall produce and make available to the person making the inspection all the books, accounts, records and other documents of the sports organization, branch, sub-branch, sub-branch organ or person, its or his affairs and conduct, as the person making the inspection may require, and within seven days or such longer period as he may direct, in writing.

(3)

A person who fails to produce any books, accounts, records, document, correspondence, statements, returns or other information within the period specified in the direction under subsection (2) contravenes this Act:

Provided that:

(a)

the books, accounts and other documents required to be produced shall not, in the course of inspection, be removed from the premises of the sports organization, branch, sub-branch, organ or person, or other premises at which they are produced;

(b)

the person making the inspection may make copies of any books, accounts and other documents required for the purposes of his report; and

(c)

all information obtained in the course of the inspection shall be treated as confidential and used solely for the purposes of this Act.

(4)

The person conducting an inspection shall submit a report to the Registrar, and the report shall specify any breach or non-compliance with the requirements of this Act and any regulations made thereunder, any irregularity in the manner of conduct of affairs of the sports organization, branch, sub-branch, discovered in the course of the inspection that warrants, in the opinion of the person making the inspection, remedial action or further investigation.

[L.N. 92/2013, Sch.]

53.
Directions to sports organization after inspection

The Registrar may, by notice in writing, and after giving the sports organization, branch, sub-branch or person, reasonable opportunity of being heard, require the sports organization, branch, sub-branch, organ or person to comply, within such period as may be specified, with such directions as he considers necessary in relation to any matter arising out of a report made under section 52(4).

[L.N. 92/2013, Sch.]

54.
Intervention by Cabinet Secretary in management
(1)

Where a sports organisation fails to comply with the recommendations of an inspection, the Cabinet Secretary may—

(a)

appoint any person or committee to assume the management, control and conduct of the affairs of a sports organization, to exercise the powers and functions of the sports organization to the exclusion of its officials, including the use of its corporate seal, where the sports

organization concerned has been unable to conduct its affairs in a proper manner; or

(b)

remove any official of a sports organization who, in the opinion of the Cabinet Secretary, has caused or contributed to any contravention of any provision of this Act, or any regulations or directions made thereunder or to any deterioration in the financial stability of the sports organization or has conducted himself in a manner which is detrimental to the interest of the relevant sporting discipline, or which has brought the sporting discipline into disrepute.

(2)

The appointment of a person or committee under this section shall be for such period as the Cabinet Secretary shall specify in the instrument of appointment, but shall not exceed six months.

(3)

A person or committee shall, upon assuming the management, control and conduct of the affairs of a sports organization, discharge his or its duties with diligence and in accordance with sound management and financial principles.

[L.N. 92/2013, Sch.]

PART VII – ARBITRATION OF SPORTS DISPUTES
55.
Establishment of Tribunal
(1)

There is established a tribunal to be known as the Sports Disputes Tribunal.

(2)

The Tribunal shall consist of the following members appointed by the Judicial Service Commission in consultation with the national sports organizations—

(a)

a chairperson who shall be a person who is qualified to be appointed as a Judge of the High Court;

(b)

at least two members who shall—

(i) be advocates of the High Court of Kenya with at least seven years experience; and
(ii) have experience in legal matters relating to sports or have been involved in sport in any capacity; and
(c)

at least two and not more than six other persons who have experience in sport, in any capacity, of at least ten years.

(3)

The Judicial Service Commission shall, in consultation with the national sports organizations, appoint a deputy chairperson from the members of the Tribunal appointed under subsection 2(b).

[L.N. 92/2013, Sch.]

56.
Tenure
(1)

The chairperson and members of the Tribunal shall hold office for a term of five years and may be reappointed for one further term of five years.

(2)

The chairperson and members of the Tribunal shall serve on part-time basis.

[L.N. 92/2013, Sch.]

57.
Vacancy in office of member
(1)

The office of a member of the Tribunal shall become vacant if the member—

(a)

resigns by giving notice in writing to the Judicial Service Commission;

(b)

is convicted of a criminal offence;

(c)

is incapacitated by reason of prolonged physical or mental illness from performing his duties;

(d)

is adjudged bankrupt;

(e)

is otherwise unable or unfit to continue serving as a member of the Tribunal; or

(f)

dies.

[L.N. 92/2013, Sch.]

58.
Jurisdiction of the Tribunal

The Tribunal shall determine—

(a)

appeals against decisions made by national sports organizations or umbrella national sports organizations, whose rules specifically allow for appeals to be made to the Tribunal in relation to that issue including—

(i) appeals against disciplinary decisions;
(ii) appeals against not being selected for a Kenyan team or squad;
(b)

other sports-related disputes that all parties to the dispute agree to refer to the Tribunal and that the Tribunal agrees to hear; and

(c)

appeals from decisions of the Registrar under this Act.

[L.N. 92/2013, Sch.]

59.
Powers of the Tribunal

The Tribunal may, in determining disputes apply alternative dispute resolution methods for sports disputes and provide expertise and assistance regarding alternative dispute resolution to the parties to a dispute.

[L.N. 92/2013, Sch.]

60.
Staff of the Tribunal

The Judicial Service Commission shall appoint the Secretary and such other staff of the Tribunal as are necessary for the proper functioning of the Tribunal.

[L.N. 92/2013, Sch.]

61.
Rules

The Chief Justice may in consultation with the chairperson of the Tribunal, and by notice in the Gazette, make rules governing the practice and procedure of the Tribunal having regard to the objectives of this Act.

[L.N. 92/2013, Sch.]

PART VIII – MISCELLANEOUS
63.
Confidentiality
(1)

A member, officer or servant of the sports institutions shall not disclose any information which he has acquired in the performance of his functions as such

member, officer or servant to any person except so far as may be necessary for the performance of such functions or for due compliance with an order of any Court.

(2)

Any person who contravenes the provisions of subsection (1) commits an offence and shall, be liable, on conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding ten thousand shillings or to both.

[L.N. 92/2013, Sch.]

64.
Offences and penalties

A person who contravenes any of the provisions of this Act commits an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings, or imprisonment for a term not exceeding three years, or both.

[L.N. 92/2013, Sch.]

65.
Protection from liability

No matter or thing done by an officer or employee of a sports institution shall, if the thing is done bona fide for executing the functions, powers or duties of the sports institution, render such officer or employee personally liable to any action, claim or demand whatsoever.

[L.N. 92/2013, Sch.]

66.
Performance Agreement
(1)

A performance agreement shall be made between the Cabinet Secretary and the respective sports institutions concerning the management by the institutions of the sports programmes and stadia facilities for which the institutions are responsible, and shall include all the activities that are necessary to develop and maintain such stadia and programmes in a satisfactory state.

(2)

The performance agreement shall describe the key outputs that a sports institution shall achieve in any financial year, and such outputs shall be defined in terms of performance indicators and targets.

(3)

The Cabinet Secretary may request for an independent report from the technical department responsible for sports on the implementation of the performance agreement.

[L.N. 92/2013, Sch.]

67.
Annual Report
(1)

Every sports institution shall, within a period of four months after the end of each financial year, submit to the Cabinet Secretary an annual report dealing generally with the activities and operations of the sports institution.

(2)

An annual report submitted under subsection (1) shall include—

(a)

information with regard to the progress and policies of the sports institution;

(b)

a copy of the audited accounts of the sports institution in respect of that year together with the report of the Auditor-General;

(c)

report submitted in relation to that financial year by the Auditor-General;

(d)

an overview of the operations of the sports institution;

(e)

an assessment of the degree to which performance targets have been achieved;

(e)

an assessment of the adequacy of sports projects and programme funding;

(f)

a report on the condition and status of the stadia and sports programmes and the degree of change in such condition and status since the last report, the projected optimal level of the facilities and programmes and the extent of financing required to meet that level;

(g)

a review of the technical adequacy and proven cost efficiency of sports management operations;

(h)

a report on progress achieved concerning co-ordination between the sports institutions and county governments and national sports organisations, including any challenges encountered and proposals for the future;

(i)

generally a report on the degree to which the objectives of this Act have been realized and the levels of compliance with the provisions of this Act; and

(j)

such other information as the Cabinet Secretary may request, in writing.

[L.N. 92/2013, Sch.]

68.
Directions to sports institutions
(1)

The Cabinet Secretary shall oversee the performance of the activities of the sports institutions established by this Act and may, in writing, give the sports institutions directions on matters of policy not inconsistent with the provisions of this Act.

(2)

The Cabinet Secretary may appoint an oversight committee for purposes of subsection (1).

[L.N. 92/2013, Sch.]

69.
Maintenance of, development of, protection of stadia
(1)

Notwithstanding anything in any law to the contrary, no body, or other person shall exercise any power relating to the control, maintenance, development or protection of any stadia except where such power has been delegated by Sports Kenya established under this Act or by the Cabinet Secretary.

(2)

Notwithstanding subsection (1), Sports Kenya shall encourage community and private sector participation in stadia construction, maintenance and management under its supervision and guidance.

[L.N. 92/2013, Sch.]

71.
Transitional provisions

The transitional provisions set out in the Fourth Schedule shall apply upon the commencement of this Act.

[L.N. 92/2013, Sch.]

72.
Regulations

The Cabinet Secretary may make regulations—

(a)

generally for the better carrying into effect the provisions of this Act; and

(b)

prescribing anything that may be prescribed under this Act.

[L.N. 92/2013, Sch.]

73.
Anti-doping rules
(1)

Every person involved in sports and recreation shall observe anti-doping rules.

(2)

The Cabinet Secretary shall make regulations for the better management of anti-doping activities and such regulations may prescribe penalties for contravention of subsection (1).

[L.N. 92/2013, Sch.]

FIRST SCHEDULE[Section 4(b), L.N. 92/2013, Sch.]
SPORTS FACILITIES WHICH SPORTS KENYA WILL MANAGE
1.

Moi International Sports Centre, Kasarani, Nairobi;

2.

Nyayo National Stadium; and

3.

Any other sports facilities acquired, established or developed by Sports Kenya.

SECOND SCHEDULE[Section 46, L.N. 92/2013, Sch.]
MATTERS TO BE PROVIDED FOR IN THE CONSTITUTIONS OF SPORTS ORGANIZATIONS

The constitution of a body seeking registration as a sports organization shall provide that—

(a)

elections of officials and athletes representatives at the national, branch and sub-branch levels shall be done directly by club members;

(b)

only citizens of Kenya shall be eligible for election as the chairperson, secretary or treasurer of a body at the national level;

(c)

the elections contemplated in paragraph (a) above shall be held at regular intervals after a period of between two years and four years, and persons elected as officials thereof shall consequently hold office as follows—

(i) the chairperson shall hold office for a term not exceeding four years, but is eligible for re-election for one more term;
(ii) any other official shall hold office for a term not exceeding four years, but is eligible for re-election for one more term.;
(d)

elections shall be held in accordance with the general principles for the electoral system as stipulated in Article 81 of the Constitution;

(e)

subscription to anti-doping policies and rules which conform with the World Anti-Doping Agency Code and compliance with the requirements set out in an anti-doping policy and rules of the National Anti-Doping Organization; and

(f)

subscription to Court of Arbitration for Sports policies and rules which conform with requirements set out in Sports Disputes Tribunal policy and rules for sports disputes resolution.

(g)

that the election of officials at national, branch and sub-branch levels shall be done directly and only registered club members are entitled to vote at those elections;

(h)

that the selection of the Kenyan team and the technical personnel shall be done in good time and transparently using fair criteria;

(i)

that the criteria for authorisation and registration of sportspersons and sportspersons’ representatives shall be codified, transparent and fair.

THIRD SCHEDULE[Section 62, L.N 92/2013, Sch, Act No. 7 of 2019, s. 11.]
THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD AND COUNCIL
1.
Meetings of the Board or Council
(1)

The first meeting of the Board or Council, shall be convened by the chairperson and, subsequently, the Board or Council shall meet as often as necessary for the transaction of business at such places and at such times as may be decided upon by the Board or Council, but it shall meet at least once every three months.

(2)

The chairperson shall preside at every meeting of the Board or Council, and in the absence of the chairperson, the deputy chairperson and in the absence of the deputy chairperson, the members present may appoint a member from among themselves to preside at that meeting.

(3)

The chairperson or in the absence of the chairperson, the deputy chairperson and in the absence of the deputy chairperson, a member appointed by the Board or Council, may at any time call a special meeting upon a written request by a majority of the members.

(4)

Notice of every meeting of the Board or Council shall be given in writing to each member at least five days before the day of the meeting.

2.
Quorum
(1)

Subject to subparagraph (2), five members, excluding the ex officio members shall constitute a quorum for the conduct of business at any meeting of the Board or Council.

(2)

When there is no quorum at, or for the continuation of, a meeting of the Board or Council, due to the exclusion of a member from the deliberations on a matter in which the member has disclosed a personal interest, the other members present may if they deem it expedient so to do—

(a)

postpone the consideration of that matter until there is a quorum without that member; or

(b)

proceed to consider and decide the matter as if there was a quorum.

3.
Decisions of the Board or Council
(1)

All questions proposed at a meeting of the Board or Council shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote.

(2)

A decision may be made by the Board or Council without a meeting by circulation of the relevant papers among the members of the Board or Council, and by the expression of the views of the majority of the members in writing but any member shall be entitled to require that the decision be deferred and the matter on which a decision is sought be considered at a meeting of the Board or Council.

4.
Minutes of proceedings
(1)

The Board or Council, shall cause the minutes of all proceedings of its meetings to be recorded and kept, and the minutes of each meeting shall be confirmed by the Board or Council at the next meeting of the Board or Council and signed by the chairperson or the person presiding at the meeting.

(2)

The chairperson of the Board or Council shall submit to the Cabinet Secretary a copy of the minutes of each meeting of the Board or Council as soon as the minutes have been confirmed.

5.
Co-opting to the Board or Council

The Board or Council may co-opt any person to participate in its deliberations, but a person so co-opted shall have no right to vote.

6.
Committees of the Board or Council
(1)

The Board or Council may establish committees of the Board or Council—

(a)

to inquire into and advise the Board or Council, on any matter concerning the functions of Sports Kenya, Fund or Academy as the Board or Council may refer to the committee; and

(b)

to exercise such powers or perform such functions as the Board or Council may delegate or refer to the committee.

(2)

A committee appointed under subparagraph (1) shall consist of a chairperson and other persons, whether members of the Board or Council or not, as the Board or Council may determine.

(3)

The Board or Council may require a committee appointed under this section to act jointly or in co-operation with any other committee.

(4)

Members of a committee appointed under this section may be paid such allowances as the Board or Council may, with the approval of the Cabinet Secretary, determine.

(5)

Subject to any direction given by the Board or Council, a committee appointed under this section may regulate its own procedure.

7.
Board or Council to regulate its own procedure

Subject to the provisions of this Schedule, the Board or Council, of Sports Kenya, the Fund or the Academy may regulate its own procedure.

FOURTH SCHEDULE[Section 71, L.N. 92/2013, Sch, Act No. 7 of 2019, s. 12.]
TRANSITIONAL PROVISIONS

PART I

1.
Interim Management Committee

The Cabinet Secretary shall, in consultation with the relevant stakeholders, establish an interim management committee for Sports Kenya.

2.
Transfer of functions

Upon the commencement of this Act, the functions that were immediately before the commencement of this Act being undertaken by the Sports Department within the Ministry responsible for sports and the Sports Stadia Management Board pertaining to sports programs and stadia facilities, shall be transferred to Sports Kenya.

3.
Transfer of rights, powers, etc

All property, assets, rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforceable against the Government in respect of the Sports Department and the Sports Stadia Management Board as the case may be, shall, on the commencement of this Act be transferred to, vested in, imposed on or be enforceable against Sports Kenya.

4.
Directions, orders issued before commencement
(1)

The lawful directions, orders, rules, authorizations and other things published, made given or done by the Sports Department relating to national sports programs, subsisting at the commencement of this Act shall be deemed to have been published, given made or done by Sports Kenya.

(2)

The legal directions, orders, rules, authorizations and other things published, made given or done by the Sports Stadia Management Board relating to stadia facilities, subsisting at the commencement of this Act, shall be deemed to have been published, given made or done by Sports Kenya.

5.
Acts, etc. before commencement of this Act

Any legal act or thing done or purported to be done or any act or thing omitted to be done on behalf of, or in the name of the Sports Department or the Sports Stadia Management Board that relates to stadia facilities before the commencement of this Act by any person acting in good faith and with due or apparent authority in that behalf shall be deemed to be an act or thing made or done or omitted to be done, by Sports Kenya.

6.
Regulations governing transfer of assets liabilities

The Cabinet Secretary for finance, may, in consultation with Cabinet Secretary, by Order in the Gazette, direct that any assets and liabilities which, immediately before the commencement of this Act, were vested in the government for the use of the Sports Department or the Sports Stadia Management Board shall on such commencement vest in Sports Kenya.

7.
Regulations governing transfer of functions

The Cabinet Secretary responsible for sports and the Cabinet Secretary responsible for matters relating to finance shall have power to issue such administrative guidelines and regulations for sports maintenance, rehabilitation and development functions, and any matters pertaining thereto to be transferred from any local authority to Sports Kenya as appropriate.

8.
Updating

Every public officer having the power or duty to effect or amend any entry in a register relating to property, or to issue or amend any certificate upon request made by or on behalf of Sports Kenya, shall do all such things as are by law necessary to give final effect to the transfer of property mentioned in any order made under this Schedule.

9.
Staff
(1)

Subject to subparagraph (3), every person who immediately before the commencement of this Act, was an employee of the Sports Stadia Management Board shall, upon the commencement of this Act, be employed or appointed as a member of staff of Sports Kenya for the unexpired period, if any, of the term.

(2)

Subject to subsection (3), the employees of the Government who were, immediately before the commencement of this Act, serving in the Department of Sports at the Ministry responsible for sports shall, upon the commencement of this Act be given an option to serve in Sports Kenya and if not appointed by Sports Kenya be redeployed in the Public Service.

(3)

Before appointing or employing a person to who subparagraphs (1) and (2) apply, Sports Kenya shall—

(a)

require such person to make an application for employment or appointment to Sports Kenya; and

(b)

applying the criteria determined by the Board, assess such persons to determine their suitability to serve in the position applied for.

(4)

Any person who has been assessed and appointed or employed as an officer of Sports Kenya shall be deemed to be in continuous service for purposes of the pension.

(5)

Any officer who is assessed and engaged by Sports Kenya under subparagraph (3) who was on the date of the commencement of this Act a member of any statutory or voluntary pension scheme or provident fund, shall for the purpose of this Act, continue to be governed by the same regulations governing those schemes or funds and his service with Sports Kenya shall be deemed to be eligible service for the purposes of the pension scheme or provident fund.

(6)

An applicant who fails to meet the assessment criteria under subparagraph (3), shall not be employed or appointed by Sports Kenya and the services of such applicant shall be terminated in accordance with the terms of their contract of employment.

PART II

10.
Transfer of assets and liabilities

On the coming into operation of this Act all property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the National Sports Fund Board of Trustees existing immediately before the commencement of this Act, shall upon the commencement of this Act be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Government to the same extent as they were enforceable by or against the National Sports Fund Board of Trustees before the commencement this Act.

11.
Transition of staff
(1)

Subject to paragraph (4), a person who, immediately before the commencement of this Act, was an employee of the Government serving in the National Sports Fund Board of Trustees shall serve in the Sports, Arts and Social Development Fund.

(2)

Subject to paragraph (4), a person who, immediately before the commencement of this Act, was serving on contract in the National Sports Fund Board of Trustees shall, at the commencement of this Act, serve in the Sports, Arts and Social Development Fund for the unexpired period, if any, of the term.

(3)

Despite Regulation (1), employees of the Government in the National Sports Fund Board of Trustees immediately before the commencement of this Act shall, upon the commencement of this Act, be given an option to serve the Sports, Arts and Social Development Fund and if not appointed by the Administrator be redeployed in the Public Service.

(4)

Before appointing a person to whom paragraph (1) applies, the Administrator in consultation with the Public Service Commission shall—

(a)

require such person to make an application for employment or appointment to the Sports, Arts and Social Development Fund; and

(b)

using the criteria determined by the Public Service Commission, vet such a person to ensure that he or she is fit and proper to serve in the position applied for as a member of staff of the Sports, Arts and Social Development Fund.

(5)

An applicant who was serving on contract under paragraph (1) who fails to meet the vetting criteria under paragraph (4), shall be allowed to serve for the remaining period of the contract or his or her services terminated in accordance with the terms and conditions of his contract.

(6)

A person who, immediately before the commencement of this Act, was an employee of the Government in the National Sports Fund Board of Trustees immediately before the commencement of this Act who fails to meet the vetting criteria under paragraph (4), may deployed in the public service.

(7)

Notwithstanding the provisions of this Act, and for as long as the Administrator has not appointed staff to perform the functions of the Sports, Arts and Social Development Fund, the staff of the National Sports Fund Board of Trustees shall continue to perform those functions and their acts shall be deemed to be those of the Sports, Arts and Social Development Fund.

[Act No. 7 of 2019, s. 12.]