KENYA Law and Practice Contributed by: John M. Ohaga, SC and Joy Wanyika, TripleOKLaw Advocates
In professional team sports such as football and rugby, players are usually engaged under written employment contracts with their clubs. These con - tracts typically provide for salary, bonuses (eg, win or appearance bonuses), medical cover, disciplinary obligations and termination clauses. In most cases, players are employees of their clubs for purposes of the Employment Act, 2007, meaning statutory employment protections (such as notice requirements and unfair termination principles) apply. Central player contracts are not widely institution - alised across Kenyan sport. In football, players are generally contracted directly by clubs rather than the national federation. In rugby and athletics, centralised arrangements may exist in limited circumstances (for example, where elite national team athletes receive stipends or structured support from the federation), but the dominant model remains club-based or indi - vidual contractual arrangements rather than compre - hensive central contracting systems. Salary caps are not common in Kenyan sport. There is no statutory salary cap regime, and most leagues do not operate formalised financial fair play systems comparable to major European leagues. However, some federations impose club licensing requirements that indirectly address financial sustainability, such as proof of financial capacity to meet player obligations. Financial instability has occasionally led to disputes over unpaid salaries, but not through structured salary cap mechanisms. Certain legal issues require consideration. Restrictive clauses in player contracts – such as long-term exclu - sivity, non-compete clauses or transfer restrictions – may be scrutinised under the doctrine of restraint of trade. Kenyan courts will generally assess whether such restrictions are reasonable in scope, duration and geographical reach. Additionally, competition law concerns could arise under the Competition Act, 2010, if collective agreements or federation rules unfairly restrict market competition, although such disputes have been relatively limited in Kenyan sport. 7.2 Employer/Employee Rights In Kenya, where a sports governing body, federa - tion or club engages staff or athletes under contracts
of service, the relationship is governed by ordinary employment law, principally the Employment Act, 2007, the Labour Relations Act, 2007, and the Con - stitution (particularly fair labour practices under Article 41). Sports organisations are not exempt from these rules. If a player, coach or administrative officer quali - fies as an “employee”, the employer must comply with statutory obligations relating to written contracts, pay - ment of wages, notice, fair termination procedures, redundancy processes and statutory deductions. Disputes have arisen in Kenya involving unpaid sala - ries, unlawful termination of coaches and disputes over contractual benefits. It is common in football and other professional sports for players to file claims for salary arrears when clubs are experiencing financial difficulties. 7.3 Free Movement of Athletes In Kenya, there is no specific statute that expressly prohibits sports governing bodies from capping the number of foreign athletes participating in a tour - nament or competition. Federations generally have regulatory autonomy under the Sports Act, 2013, to set eligibility and competition rules, including limits on foreign players, provided those rules are applied consistently and do not violate constitutional or statu - tory provisions. 8. Women’s Sport 8.1 Development and Growth of Women’s Sport Women’s sport has grown significantly over the past decade, driven by increased investment from federa - tions, improved media visibility, and stronger com - mercial partnerships. Football, rugby, athletics and volleyball are among the most developed women’s sports, with structured national leagues and growing national team success. In football, the women’s top tier is organised by the Football Kenya Federation under the FKF Women’s Premier League. The national team, Harambee Star - lets, has benefited from increased federation focus and sponsorship activation, although commercial rev - enue remains lower than in the men’s game. Recent
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