KENYA Law and Practice Contributed by: John M. Ohaga, SC and Joy Wanyika, TripleOKLaw Advocates
commercial use of their image is usually governed by institutional rules or federation regulations, and is far less commercialised. 5.6 Assignment of IP Rights Intellectual property rights can generally be assigned to third parties, but the assignment must comply with statutory requirements and certain limitations. Under the Trade Marks Act (Cap. 506), a registered trade mark may be assigned, with or without goodwill, but the assignment must be in writing and recorded with the Kenya Industrial Property Institute (KIPI) to be effective against third parties. Assignments that are likely to cause deception or confusion may be refused registration. Certain marks – such as those contain - ing protected emblems or official insignia – cannot be freely assigned without appropriate consent. Under the Copyright Act, 2001, copyright may also be assigned, wholly or partially, but the assignment must be in writing and signed by or on behalf of the assignor. Moral rights (such as the right to be cred - ited as author and the right to object to derogatory treatment of a work) are generally not assignable, although they may be waived. This means that, while economic rights can be transferred, certain personal rights remain with the creator. In the sports context, federations and clubs can assign or license broadcasting and merchandising rights, but assignments are typically structured care - fully to preserve underlying event control and brand integrity. Athlete image rights, where contractually defined, may also be assigned or licensed, but con - stitutional rights such as dignity and privacy cannot be permanently transferred. 5.7 Data in Sport Sports data is increasingly used for performance opti - misation, fan engagement, commercial marketing and integrity monitoring, although the ecosystem is still developing compared to larger markets. Athlete data (such as biometric data, GPS tracking, injury records and performance analytics) is com - monly used by professional teams and federations to improve training programmes, monitor workload
and prevent injury. In elite environments – particularly football and rugby – teams use performance analysis software and wearable tracking systems to support coaching decisions. Athlete data is also relevant in anti-doping monitoring and medical assessments. Processing of such personal data must comply with the Data Protection Act 2019, particularly where sen - sitive health data is involved. Spectator data is primarily collected through ticketing platforms, membership registrations, digital engage - ment (social media, mobile apps) and promotional campaigns. This data has growing commercial value because sponsors increasingly demand measurable engage - ment metrics before investing. 5.8 Data Protection The primary legislation governing the receipt, stor - age and processing of sports-related data is the Data Protection Act, 2019 (DPA), together with regulations issued thereunder and oversight by the Office of the Data Protection Commissioner (ODPC). Under the Sports Act, 2013, the Sports Disputes Tri - bunal (SDT) is established as a specialised body to hear and determine sports-related disputes, including those relating to eligibility, discipline, governance of federations and appeals from sports organisations. As a result, many disputes that would otherwise go to the High Court are first determined by the SDT. Kenyan courts generally require parties to exhaust internal dispute resolution mechanisms before approaching the courts. The High Court retains jurisdiction in the following cir - cumstances: • judicial review of decisions made by sports bodies or the SDT (on grounds such as illegality, irrational - ity or procedural impropriety); and 6. Dispute Resolution 6.1 Role of National Court Systems
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