KENYA Law and Practice Contributed by: John M. Ohaga, SC and Joy Wanyika, TripleOKLaw Advocates
10.2 AI There is currently no standalone AI-specific legisla - tion governing sport. Instead, artificial intelligence applications in sport are regulated indirectly through existing legal frameworks, primarily the Data Protec - tion Act, 2019, the Computer Misuse and Cybercrimes Act, 2018, intellectual property laws, and general con - sumer protection principles. How AI is Being Used in Kenyan Sport AI adoption in Kenya is still developing, but is increas - ingly visible in the following: • Performance Analytics: Professional football and rugby teams use AI-supported video analysis and GPS tracking systems to assess player perfor - mance, injury risk and tactical strategy. • Scouting and Talent Identification: Data-driven ana - lytics tools help identify emerging talent, particu - larly in football academies. • Fan Engagement and Marketing: Sports organisa - tions and sponsors use AI-driven CRM systems and social media analytics to personalise market - ing campaigns and measure sponsor ROI. • Broadcast Enhancement: AI is used for automated highlight generation, statistical overlays, and real- time performance tracking. • Betting and Integrity Monitoring: AI tools analyse betting patterns to detect anomalies potentially linked to match manipulation. Opportunities AI presents significant commercial and operational opportunities in Kenyan sport: • improved athlete performance and injury preven - tion; • enhanced fan engagement and personalised digital experiences; • better sponsorship valuation through advanced analytics; • cost-effective content production (eg, automated highlights); and • expansion of esports and virtual engagement eco - systems.
in Vienna. Kipchoge reportedly sold the two NFTs for the equivalent of USD50,000. As developing technology, NFTs are not yet regulated in Kenya. The rapid pace of technological advance - ment continues to create gaps in our existing laws and leaves legislators playing catch-up. Nonetheless, on 5 August 2022, the Kenya Copyright Board (the Board) issued an Advisory on Memes and Copyright Law. In it, the Board specifically mentioned the use of NFTs as a means of exploiting art for mon - etary gain, highlighting the Board’s interest in recent developments in the digital world and on their effect on the intellectual property rights of stakeholders in the country. Most sports organisations in Kenya remain focused on traditional revenue streams such as sponsorship, broadcasting and merchandising rather than block - chain-based monetisation. Opportunities for NFTs in Kenyan sport include: • digital collectables (eg, limited-edition highlights, athlete trading cards, championship moments); • fan engagement tools, including token-based vot - ing or loyalty programmes; • new sponsorship activations, where brands col - laborate on digital merchandise drops; • international monetisation, allowing diaspora and global fans to engage digitally; and • royalty-based resale models, enabling ongoing revenue when NFTs are resold. However, the risks are significant: • regulatory uncertainty, as Kenya does not yet have comprehensive cryptocurrency legislation; • volatility and speculative risk, given fluctuating crypto markets; • consumer protection concerns, especially where NFTs are marketed as investments; • fraud and cybercrime risks, including scams and wallet security issues; and • reputational risk for sports organisations if NFT projects collapse or are perceived as exploitative.
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