KENYA Law and Practice Contributed by: John M. Ohaga, SC and Joy Wanyika, TripleOKLaw Advocates
• constitutional petitions where fundamental rights are alleged to have been violated. Note that commercial disputes involving contracts (eg, sponsorship or employment disputes) are not specifically reserved for sports tribunals. 6.2 ADR Mechanisms The primary specialised mechanism is the Sports Dis - putes Tribunal (SDT) established under the Sports Act, 2013. The SDT has jurisdiction over disputes relating to sports organisations, licensing, discipline, eligibility, and appeals from decisions of federations and other sports bodies. It operates as a quasi-judicial body and provides a structured forum for resolving sports dis - putes without immediately involving the High Court. Parties are generally expected to approach the SDT after exhausting internal remedies within the federa - tion. Before matters reach the SDT, most national sports federations have internal dispute resolution mecha - nisms set out in their constitutions and regulations. These typically include disciplinary committees and appeals committees. Parties must usually exhaust these internal processes before escalating the dispute externally. Arbitration is also available as an ADR mechanism. Mediation is recognised under the Civil Procedure Act and the court-annexed mediation framework and may also be used voluntarily by parties. Additionally, some sports bodies encourage negotiated settlements or mediation in governance and contractual disputes before formal adjudication. Where international federations are involved, disputes may ultimately be referred to the Court of Arbitration for Sport (CAS) if the relevant federation rules provide for CAS jurisdiction, but this typically follows exhaus - tion of national or internal remedies. 6.3 Sanctions, Remedies and Challenges Under their rules, sports governing bodies may impose:
• sporting sanctions, such as suspensions, bans, disqualification, forfeiture of matches, points deductions, relegation, or exclusion from competi - tion; • financial sanctions, including fines, withholding of prize money, suspension of grants, or refusal of club licensing; and • administrative sanctions, such as deregistration of clubs, nullification of elections, or removal of officials. Remedies Available to Challenge Governing Body Decisions Parties seeking to challenge sanctions typically have the following avenues: • Internal Appeals: Most federations provide for an internal appeals committee. Parties are generally required to exhaust this mechanism first. • Sports Disputes Tribunal (SDT): Under the Sports Act, the SDT has jurisdiction to hear appeals and determine disputes arising from decisions of sports organisations. The Tribunal may affirm, vary or set aside decisions. • Arbitration: Where contracts include arbitration clauses, disputes (particularly commercial ones) may be referred to arbitration under the Arbitration Act, 1995. • Judicial Review or Constitutional Petition in the High Court: The High Court may intervene where there are allegations of illegality, procedural unfair - ness, irrationality, or violation of constitutional rights. Courts generally require exhaustion of inter - nal remedies before assuming jurisdiction. • Court of Arbitration for Sport (CAS): Where federa - tion rules provide for CAS jurisdiction (especially in international sports), parties may appeal to CAS after national remedies are exhausted. 7. Employment Contracts and Rights 7.1 Sports-Related Employment Contracts Relationships between sports organisations and players are primarily governed by contract, and the structure depends on the sport and level of profes - sionalism.
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