Sports Act

This Act may be cited as the Sports Act.

Section 2 provides definitions of terms used in the Act (for example: "Academy", "Board", "Cabinet Secretary", "Registrar", and "sport").

The Board may, in writing, delegate any of Sports Kenya's powers, duties or functions to the Chairperson, a Board member, an officer of Sports Kenya, or a Board committee.

Parliament may appropriate moneys for the purposes of Sports Kenya.

Creates Sports Kenya and sets out its capacities, successor status, transfer of assets and liabilities, headquarters in Nairobi, permission to open other offices, and duty to ensure access to services across the Republic.

Sports Kenya must promote, coordinate and implement grassroots, national and international sports programs for Kenyans and facilitate Kenyans' participation in regional, continental and international sports, in liaison with relevant sports organizations.

Sports Kenya has the power to erect buildings and structures and to carry out works that are necessary or desirable for its purposes.

Section 6 sets out the constitution of the Board of Sports Kenya: membership categories including a non-executive Chairperson (appointed by the President), various Principal Secretaries, the Attorney-General, the Director-General (as Secretary), recognised sports organisations, and others; appointing/nominating authorities must have regard to gender equity and affirmative action; members under subsection (1)(i) hold office for three years and may be re-appointed for one further three-year term; appointments under (1)(i) are by notice in the Gazette.

The Board has the power to manage, control and administer the assets of Sports Kenya.

Section 8 establishes a Director-General for Sports Kenya, sets minimum qualification and experience requirements, specifies a three-year term renewable once, and lists the Director-General’s functions including policy implementation, management of funds and staff, strategic planning and cooperation with other agencies.

Sports Kenya may appoint officers and staff as necessary; those officers and staff shall hold office on terms and conditions determined by the Board and specified in their instruments of appointment.

Section 12 has been repealed.

Section 13 was repealed by ActNo. 7 of 2019, s. 5.

Section 14 was repealed by ActNo. 7 of 2019, s. 5.

Section 15 is repealed by ActNo. 7 of 2019, s. 5.

Section 16 has been repealed.

Section 17 was repealed by ActNo. 7 of 2019, s. 5.

This section has been repealed.

Section 19 has been repealed.

Section 20 is repealed by ActNo. 7 of 2019, s. 5.

Section 21 has been repealed.

This section has been repealed.

Section 23 has been repealed by Act No. 7 of 2019, s. 5.

Section 24 was repealed by ActNo. 7 of 2019, s. 5.

Section 25 has been repealed by ActNo. 7 of 2019, s. 5.

Section 26 is repealed by ActNo. 7 of 2019, s. 5.

Repealed by ActNo. 7 of 2019, s. 5.

Section 28 was repealed by ActNo. 7 of 2019, s. 5.

Section 29 is repealed.

Section 30 was repealed by Act No. 7 of 2019, s. 5.

Section 31 was repealed by Act No. 7 of 2019, s. 5.

Section 32 was repealed by ActNo. 7 of 2019, s. 5.

Establishes the Kenya Academy of Sports, gives it corporate capacities (including suing and holding property), locates its headquarters in Nairobi, permits other offices in Kenya, and requires it to ensure access to its services across the Republic in accordance with Article 6(3) of the Constitution.

The Academy must establish and manage sports training academies.

Section 35 establishes the Constitution of the Council, listing its members (Chairperson appointed by the President; Principal Secretaries for sports and finance; Attorney-General; Director-General Sports Kenya; CEO Secretary; two persons appointed by the Cabinet Secretary; and specified sports organisations) and sets terms, attendance and disqualification rules.

The Council has the power to manage, control and administer the Academy's assets to promote the Academy's purposes.

The Council must appoint a Chief Executive Officer by competitive recruitment; the CEO serves on terms the Council determines, is an ex officio (non‑voting) Council member; the Council may appoint other staff who serve on terms set by the Council.

Parliament may appropriate moneys for the purposes of the Academy.

Sports institutions established under this Act must have a financial year of twelve months ending on 30 June each year; the first financial year runs from the Act's commencement date to the following 30 June.

The Cabinet Secretary must prepare a five-year sports investment programme every five years in consultation with the Board of Trustees; sports institutions must prepare and submit an annual sports programme for approval six months before each financial year-end; annual work programmes of named bodies must follow the approved five-year programme.

Sports institutions must prepare and submit an annual budget based on the five-year sports investment program to the Cabinet Secretary at least three months before each financial year; the governing body must approve and submit estimates before the year begins; institutions must not increase sums without the Cabinet Secretary's written consent and must obtain written approvals to act outside the approved budget.

Every sports institution must keep proper books and records of accounts and prepare an annual statement of accounts in conformity with international accounting standards.

Sports institutions may borrow money for exercising functions and meeting obligations, with the approval of the Cabinet Secretary and the Cabinet Secretary responsible for matters relating to finance.

Funds of the sports institutions not immediately required may be invested by the Board or Council, with approval of the Cabinet Secretary and the Cabinet Secretary responsible for finance.

Creates an office of the Sports Registrar within the Public Service and assigns the Registrar responsibilities including registration and regulation of sports organisations, licensing of professional sports and sports persons, arbitration of registration disputes, maintaining a register of registered sports organisations, issuing licences in accordance with regulations, and that a certified copy of a register entry is prima facie evidence.

Bodies may not operate as sports organizations unless registered; applicants must submit applications (including prescribed information) and attachments, and national organizations must be open to the public.

Registered national sports organizations shall be issued a certificate of registration; the Registrar must not register more than one national sports organization for the same discipline.

The Registrar must notify the applicant in writing of the rejection within fourteen days from the date of rejection.

Existing sports organizations registered under the Societies Act and in existence immediately before commencement must apply for registration under this Act within one year after commencement.

On registration, the funds, assets and other property that were held by an existing sports organization immediately before registration shall vest in the sports organization registered under this Act.

The Registrar may cancel a sports organisation's certificate where specified grounds exist, but must notify the organisation of the intended cancellation with reasons and give it an opportunity to be heard; the Registrar must notify the organisation in writing of the cancellation within fourteen days.

The Registrar may order inspections of sports organizations; inspected organizations and their officials must produce documents within seven days; inspectors may copy documents and must submit a report to the Registrar.

The Registrar may, by written notice and after giving a reasonable opportunity to be heard, require a sports organization (or branch, sub-branch, organ or person) to comply within a specified period with directions arising from a report under section 52(4).

Cabinet Secretary may appoint a person or committee to assume management of a sports organization or remove an official; such appointments cannot exceed six months and appointees must discharge duties diligently.

Establishes the Sports Disputes Tribunal.

The Chairperson and members of the Tribunal hold office for five years, may be reappointed once for another five-year term, and shall serve on a part-time basis.

A member resigns by giving notice in writing to the Judicial Service Commission.

Jurisdiction of the Tribunal: appeals against disciplinary decisions

The Tribunal may use alternative dispute resolution and provide related expertise and assistance to parties in sports disputes.

The Judicial Service Commission must appoint the Secretary and any other staff of the Tribunal necessary for its proper functioning.

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

The Board and Council must conduct their business and affairs in accordance with the Third Schedule; except as provided in that Schedule, the Board and Council may regulate their own procedures.

Members, officers and servants of the sports institutions must not disclose information acquired in performing their functions except as necessary for their functions or to comply with a court order; contravention is an offence punishable by up to three months' imprisonment, a fine up to ten thousand shillings, or both.

Anyone who contravenes any provision of the Act commits an offence and, upon conviction, is liable to a fine not exceeding five hundred thousand shillings, or imprisonment for a term not exceeding three years, or both.

An officer or employee of a sports institution is exempt from personal liability for actions done bona fide in executing the institution's functions, powers or duties.

A performance agreement must be made between the Cabinet Secretary and the respective sports institutions covering management of sports programmes and stadia, and the Cabinet Secretary may request an independent report from the technical department responsible for sports on implementation.

Every sports institution must submit an annual report to the Cabinet Secretary within four months after the end of each financial year.

The Cabinet Secretary must oversee sports institutions' activities and may give written directions on policy and appoint an oversight committee.

Persons or bodies are prohibited from exercising powers over stadia unless those powers have been delegated by Sports Kenya or the Cabinet Secretary; Sports Kenya must encourage community and private sector participation in stadia construction, maintenance and management under its supervision and guidance.

Section 70: Protection of names — mentions "Sports Kenya".

The transitional provisions in the Fourth Schedule apply when this Act commences.

Section 72 authorizes regulations for better carrying into effect the provisions of this Act.

People involved in sports and recreation must follow anti-doping rules; the Cabinet Secretary must make regulations to manage anti-doping activities and those regulations may set penalties for breaching the rule.