KENYA Law and Practice Contributed by: John M. Ohaga, SC and Joy Wanyika, TripleOKLaw Advocates
ownership of the underlying event rights, while the broadcaster owns or controls the broadcast produc - tion, subject to agreed limitations. Agreements usually allocate archival rights, digital clipping rights, highlight packages and international distribution rights, and increasingly reserve certain short-form content rights for the rights-holder’s social media platforms. In practice, Kenya’s broadcasting market reflects a hybrid commercial model in which exclusive pay-TV arrangements drive premium football content, free- to-air broadcasters rely on advertising around major national events, and digital streaming is an expand - ing but still developing revenue stream. Multi-season exclusive packages remain the norm for high-value properties, and contractual allocation of venue access and broadcast intellectual property rights is central to safeguarding commercial returns for both broadcast - ers and sports rights-holders. In Kenya, there are no standalone proprietary rights in a sports event itself. However, organisers control and monetise events through intellectual property rights, contractual arrangements and access control mecha - nisms. Other legislation may apply. The Consumer Protection Act, 2012, governs ticket sales, advertising represen - tations, refunds and unfair practices. Fraudulent ticket sales or counterfeit credentials may also trigger crimi - nal or cybercrime liability under general criminal law. Sports events in Kenya are typically organised by national federations registered under the Sports Act, 2013, private promoters acting under federation sanc - tion, or event management companies. Federations such as Football Kenya Federation and Kenya Rugby Union organise competitions pursuant to their consti - tutions and competition rules. Major events may also require permits, security approvals and county-level co-ordination. 3. Sports Events 3.1 Proprietary Rights and Event Management
Participation is governed through federation rules and entry agreements. Athletes and teams are bound by competition regulations, codes of conduct and disci - plinary frameworks. 3.2 Duty of Care and Liability The Occupiers’ Liability Act (Cap. 34) imposes a duty on occupiers of premises (including stadium operators and event organisers exercising control over a venue) to take reasonable care to ensure that visitors are rea - sonably safe while on the premises. The Sports Act, 2013, establishes governance standards for sports bodies and supports regulatory oversight of organised sport. In addition, the Public Health Act (Cap. 242) and county public safety regulations may apply when pub - lic gatherings require compliance with health, safety, and sanitation requirements. Where tickets are sold, the Consumer Protection Act, 2012, may also apply in relation to representations about safety and event conditions. Liability may be limited contractually, typically through ticket terms and entry conditions that include dis - claimers, assumption-of-risk clauses and exclusion clauses. Organisers often include clauses limiting liability for ordinary negligence and requiring specta - tors to comply with stadium rules. Sporting events are kept safe from violence and disorder through a combination of contractual con - trols and public law enforcement. Entry is regulated through ticketing and accreditation systems. Stadium rules prohibit weapons, pitch invasion, and disorder - ly conduct. Organisers typically co-ordinate with the National Police Service as regards security deploy - ment and crowd control under public order legisla - tion. Federations also impose disciplinary sanctions on clubs or supporters for crowd violence, including fines, closed-door matches or stadium bans. 4. Corporate Structures 4.1 Legal Forms of Sporting Bodies Sporting bodies commonly adopt the following legal forms:
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