Sports Act

Section 1. Short title Section This Act may be cited as the Sports Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Academy" means the Kenya Academy of Sports established under section 33 ; "Board" means the Board of Sports Kenya constituted in accordance with section 6 (1); "Board of Trustees" deleted by ActNo. 7 of 2019, s. 2; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to sports; "club members" includes officials and member athletes; "Council" means the Council of the Institute constituted in accordance with section 35 ; "Director-General" means the Director-General of Sports Kenya appointed under section 8 or a person authorized to act on his behalf; "Fund" means the Sports, Arts and Social Development Fund established under regulation 3 of the Public Finance Management (Sports, Arts and Social Development Fund) Regulations, 2018; "lottery" means a lottery as defined in the Betting, Lotteries and Gaming Act ( Cap. 131 ); "national sports organization" includes an umbrella body responsible for Olympic, non-Olympic, Paralympic or Deaflympic sports or multi-sport organization responsible for all sports disciplines or recreational bodies or body resp...

Section 3. Establishment of Sports Kenya Section 3(1) There is established a body to be known as Sports Kenya. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding and disposing of movable and immovable property; Section 3(2)(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 Section 3(2)(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. Section 3(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). Section 3(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. Section 3(5) The headquarters of Sports Kenya shall be in Nairobi, but Sports Kenya may...

Section 4. Functions of Sports Kenya Section 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;

Section 5. Powers of Sports Kenya Section erect buildings and structures and carry out works necessary or desirable for the purposes of Sports Kenya;

Section 6. Constitution of the Board of Sports Kenya Section 6(1)(a) a non-executive Chairperson, who shall be a person who holds a degree from a university recognised in Kenya and is knowledgeable in sports, finance or commerce, appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry for the time being responsible for sports; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 6(1)(d) the Attorney-General; Section 6(1)(e) the Principal Secretary in the Ministry responsible for education; Section 6(1)(f) the Chief Executive Officer of the Academy of Sports; Section 6(1)(g) deleted by ActNo. 7 of 2019, s. 3; Section 6(1)(h) the secretary to the Sports Disputes Tribunal; Section 6(1)(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 Section 6(1)(i)(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 Section 6(1)(i)(ii) the national...

Section 7. Powers of the Board Section 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;

Section 8. Director-General Section 8(1) Sports Kenya shall have a Director-General, who shall be appointed by the Board, through a competitive recruitment process. Section 8(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. Section 8(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. Section 8(4)(a) the implementation of the policies and programmes and agreed objectives, performance targets and service standards of Sports Kenya; Section 8(4)(b) the proper management of the funds and property of Sports Kenya; Section 8(4)(c) the organization and control of the staff of Sports Kenya; Section 8(4)(d) the formulation, development and implementation of the strategic plan, business plan, annual plan and operations plan for achieving Sports Kenya’s o...

Section 9. Staff of Sports Kenya Section 9(1) Sports Kenya may appoint such other officers and staff as may be necessary for the proper and efficient performance of its functions. Section 9(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.]

Section 10. Delegation of powers of the Board Section 10(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. Section 10(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. Section 10(3) A person aggrieved by the decision of a person exercising powers delegated under this section may appeal to the Board.

Section 11. Funds of Sports Kenya Section such moneys as may be appropriated by Parliament for purposes of Sports Kenya;

Section 12.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 13.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 14.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 15.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 16.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 17.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 18.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 19.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 20.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 21.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 22.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 23.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 24.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 25.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 26.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 27.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 28.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 29.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 30.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 31.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 32.[Repealed by ActNo. 7 of 2019, s. 5.]

Section 33. Establishment of the Academy of Sports Section 33(1) There is established an Academy to be known as the Kenya Academy of Sports. Section 33(2)(a) suing and being sued; Section 33(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and Section 33(2)(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. Section 33(3) The headquarters of the Academy shall be in Nairobi, but the Academy may establish offices at any other place in Kenya. Section 33(4) The Academy shall ensure access to its services in all parts of the Republic in accordance with Article 6(3) of the Constitution.

Section 34. Functions of the Academy Section establish and manage sports training academies;

Section 35. Constitution of the Council Section 35(1)(a) a Chairperson, who shall be a person knowledgeable in sports, finance or commerce, appointed by the President; Section 35(1)(b) the Principal Secretary in the Ministry for the time being responsible for sports; Section 35(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 35(1)(d) the Attorney-General; Section 35(1)(e) the Director-General, Sports Kenya; Section 35(1)(f) the Chief Executive Officer of the Academy appointed under section 37 who shall be the Secretary; Section 35(1)(g) two other persons who have experience in the management of training Academys, corporate sector or sports, appointed by the Cabinet Secretary; Section 35(1)(h) 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 Section 35(1)(h)(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 Section 35(1)(h)(ii) the national multi-sport sports organ...

Section 36. Powers of the Council Section 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;

Section 37. Chief Executive Officer of the Academy and other members of staff Section 37(1) There shall be a Chief Executive Officer of the Academy who shall be appointed by the Council, through a competitive recruitment process. Section 37(2) The Chief Executive Officer shall hold office for such period and on such terms and conditions of employment as the Council may determine. Section 37(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. Section 37(4) The Council may appoint such other officers and staff as may be necessary for the proper and efficient performance of its functions. Section 37(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.

Section 38. Funds and assets of the Academy Section such moneys as may be appropriated by Parliament for the purposes of the Academy;

Section 39. Financial year Section 39(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. Section 39(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.

Section 40. Preparation of a Sports Investment Programme Section 40(1) The Cabinet Secretary shall, once in every five years and in consultation with the Board of Trustees, cause to be prepared a sports investment programme. Section 40(2) The sports investment programme prepared under subsection (1) shall outline the development and maintenance priorities relating to specified stadia facilities, training programmes, activities and such other detail as may be specified. Section 40(3) Every sports institution shall not later than six months before the end of each financial year, cause to be prepared and submitted to the Cabinet Secretary for approval an annual sports program based on the five-year sports investment program in respect of the ensuing financial year. Section 40(4) The annual work programmes prepared or implemented by Sports Kenya, Academy, Sports Disputes Tribunal, the Registrar and the sports organizations shall be based on the approved five-year sports investment programme. [ L.N. 92/2013 , Sch, Act No. 7 of 2019 , s. 7.]

Section 41. Annual estimates Section 41(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. Section 41(2)(a) the payment of salaries, allowances and other charges in respect of the officers, agents or members of staff of the sports institution; Section 41(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits payable to the members of staff of the sports institution; Section 41(2)(c) the proper maintenance, repair and replacement of the equipment and other movable property of the sports institution; and Section 41(2)(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. Section 41(3) The ann...

Section 42. Accounts and audit Section 42(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. Section 42(2) The accounts of the sports institutions shall be audited and reported in accordance with the Public Audit Act (Cap. 412B) [ L.N. 92/2013 , Sch.]

Section 43. Power to borrow Section 43(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. Section 43(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.]

Section 44. Power to invest Funds Section Any funds of the sports institutions that are not immediately required for any purpose under this Act may be invested in a manner which the Board or Council may, with the approval of the Cabinet Secretary and the Cabinet Secretary responsible for finance, determine. [ L.N. 92/2013 , Sch, Act No. 7 of 2019 , s. 8.]

Section 45. Sports Registrar Section 45(1) There shall be an office of the Sports Registrar which shall be an office within the Public Service. Section 45(2)(a) in charge of the office of the Sports Registrar; Section 45(2)(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; Section 45(2)(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 Section 45(2)(d) responsible for the arbitration of registration disputes between sports organizations. Section 45(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. Section 45(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. Section 45(5) A copy of an entry in the register certified by the Registrar shall, for purposes...

Section 46. Registration of sports organizations Section 46(1) A body shall not operate as a sports organization unless it is registered under this Act. Section 46(2)(a) a sports club; Section 46(2)(b) a county sports association; or Section 46(2)(c) a national sports organization. Section 46(3)(a) be submitted to the Registrar; and Section 46(3)(b) the name of the sports organization; Section 46(3)(b)(i) the name of the sports organization; Section 46(3)(b)(ii) the category under which it is to be registered; Section 46(3)(b)(iii) the office-bearers of the applicant; Section 46(3)(b)(iv) the head office and postal address of the applicant; Section 46(3)(b)(v) sources of funding of the applicant; Section 46(3)(b)(vi) national and international affiliation, if any; and Section 46(3)(b)(vii) such other information as the Cabinet Secretary may prescribe. Section 46(4)(a) a certified copy of the constitution of the applicant; and Section 46(4)(b) such fees as the Cabinet Secretary may prescribe. Section 46(5) A constitution submitted under subsection (3) shall contain, as a basic minimum, the provisions set out in the Second Schedule. Section 46(6) All national sports organizations reg...

Section 47. Certificate of registration Section 47(1) A national sports organization registered under this Act shall be issued with a certificate of registration in the prescribed form. Section 47(2) The Registrar shall not register more than one national sports organizations run any one discipline. [ L.N. 92/2013 , Sch.]

Section 48. Rejection of application Section 48(1)(a) its proposed activities or procedures are not in the national interest; or Section 48(1)(b) the body has given false information to secure registration. Section 48(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. [ L.N. 92/2013 , Sch.]

Section 49. Transition of existing sports organizations Section 49(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. Section 49(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. Section 49(3)(a) an application for registration has been made by it under subsection (1) and has not been rejected; or Section 49(3)(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.

Section 50. Effect of registration of existing sports organization Section 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;