KENYA Law and Practice Contributed by: John M. Ohaga, SC and Joy Wanyika, TripleOKLaw Advocates
co-operate with law enforcement, regulatory authori - ties, and international partners (eg, FIFA integrity units which provide intelligence/guidance on suspicious betting as part of their broader integrity functions). 1.4 Disciplinary Framework Steps in Disciplinary Proceedings • Testing and Sample Collection: ADAK conducts in- competition and out-of-competition testing. • Adverse Analytical Finding/Potential Violation: If a prohibited substance or method is identified, ADAK notifies the athlete formally, including the provision - al suspension (if any) and basis for the potential anti-doping rule violation. • Results Management and Provisional Measures: ADAK manages the results, provisionally suspends athletes where required under the Anti-Doping Rules and informs relevant stakeholders (teams/ federations). • Initiation of a Hearing: ADAK files the Charge Doc - ument before the Sports Disputes Tribunal (SDT) established under the Sports Act. The SDT hear - ing includes formal service of charges, disclosure of evidence, and invites the athlete to respond/ defend. • Decision and Sanctions: After the hearing, the Tribunal may impose sanctions (eg, periods of ineligibility, disqualification of results, fines) con - sistent with the Anti-Doping Rules and the World Anti-Doping Code. • Appeals Path: Decisions of the SDT can ordinar - ily be appealed internally and might ultimately be subject to arbitration via the Court of Arbitration for Sport (CAS) where applicable. Integrity/Match-Fixing and Betting-Related Disciplinary Proceedings • Receiving an Integrity Referral/Complaint: A gov - erning body (such as Football Kenya Federation) may receive intelligence or reports of anomalous match events prompting an investigation into pos - sible integrity violations (eg, match-fixing linked to betting). • Preliminary Investigation: The body reviews evi - dence, may engage integrity units (sometimes in co-operation with FIFA/CAF/licensed betting oper - ators or national regulators) and decides whether to bring charges under its disciplinary code (often
mirroring FIFA’s anti-match-manipulation architec - ture). • Notice of Charge and Provisional Measures: The athlete/official is notified of charges under the rel - evant federation’s disciplinary rules and may face provisional suspension pending a formal hearing. 2. Commercial Rights 2.1 Sports-Related Rights Notable Sports-Related Commercial Rights In Kenya, notable sports commercial rights beyond sponsorship/broadcasting include merchandising/ licensing (trade marks), image and endorsement rights (contract and data protection), event IP (copyrighted collateral/content), ticketing and hospitality packages, naming/venue rights, and digital/data commercialisa - tion. Secondary Ticket Sales Kenya does not have a widely used, dedicated statu - tory “ticket resale” regime. In practice, resale hap - pens informally through social media and sometimes through intermediaries, but many Kenyan ticketing platforms/organisers prohibit unauthorised resale via contract terms. How Illegal Ticket Sales Are Combatted Illegal ticket sale are combatted through: • prohibiting resale/transfer; • limiting tickets per buyer; • requiring ID matching; • cancelling tickets bought through unauthorised channels; • QR-coded e-tickets, unique barcodes, and verifica - tion at entry to prevent duplicated/counterfeit tick - ets (commonly promoted by ticketing providers); • fake ticket sites/paybills and impersonation can trigger offences under cybercrime and fraud provi - sions (eg, phishing/impersonation/computer fraud/ misrepresentation), depending on facts; and • scam alerts issued by sports bodies and organis - ers, who can direct fans to official channels.
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