KENYA Trends and Developments Contributed by: John M. Ohaga, SC and Joy Wanyika, TripleOKLaw Advocates
(Interested Parties) [2025] KESDT 52 (KLR), where the Tribunal considered a jurisdictional challenge and addressed whether the matter fell within its remit under the Sports Act. The Tribunal’s reasoning reflects a preference for an interpretation that advances the Tribunal’s purpose, particularly in disputes involving sports governance and elections. For investors, sponsors, and rights-holders, this pur - posive approach matters because it supports the continuity of competitions and the legitimacy of gov - ernance. It also signals that parties should treat SDT litigation risk as a real and structured risk, rather than assuming that disputes will be deflected to internal committees or to ordinary courts by default. The “exhaustion” doctrine is being applied in a market-sensitive way A major trend in Kenyan public law is the doctrine of exhaustion, which generally requires parties to exhaust internal mechanisms before seeking redress in an external tribunal or court. In sport, exhaustion is often invoked through federation constitutions and internal judicial bodies, ethics committees, or appeals boards. The uniqueness of the Sports Disputes Tri - bunal is that it treats exhaustion as a question of effectiveness in practice, not merely the existence of a procedure in theory. In Galaxy United FC v Korir & another; Seka FC (Homa - bay County) & 2 others (Interested Parties) [2025] KES - DT 52 (KLR), the Tribunal considered arguments that the claimant should have pursued internal remedies. A key feature of the Tribunal’s approach was its atten - tion to the factual record of attempts made to engage internal processes and whether those processes were responsive and capable of providing timely relief. This helps prevent internal mechanisms from being used as delay tactics, which is a recurring risk in election and governance disputes. This trend is commercially significant. When internal dispute channels are slow, unclear, or perceived as controlled by one side in a governance contest, insist - ing on exhaustion can become a method of entrench - ment rather than dispute resolution. The Tribunal’s approach supports a business environment where
regulatory and governance disputes can be brought to a forum with clearer procedural accountability. The Tribunal’s handling of preliminary objections reduces tactical delay In many disputes, the first battleground is not the mer - its but the procedure. Parties often raise preliminary objections on jurisdiction, locus standi, exhaustion, or competence in an attempt to stop the case early. The Sports Disputes Tribunal’s distinctive posture is that it tends to scrutinise whether an objection is truly a “pure point of law” or whether it depends on con - tested facts that should be tested in a fuller hearing. In Galaxy United FC v Korir & another; Seka FC (Hom - abay County) & 2 others (Interested Parties) [2025] KESDT 52 (KLR), the Tribunal addressed a prelimi - nary objection which, although framed as legal issues, required examination of how internal processes were functioning and what steps had been taken. This approach is important in sport because procedural skirmishes can be used to run down the clock, result - ing in a “win by delay” even when the underlying deci - sion is questionable. For clients, this trend means SDT proceedings can be less vulnerable to stalling tactics than ordinary litiga - tion. It also means parties must prepare for disputes to proceed to substance quickly, including evidence on governance processes, communications, and pro - cedural history. Employment disputes in sport are increasingly treated as core sports justice issues Another notable development is the Tribunal’s will - ingness to treat employment disputes in the sports sector as falling within the sports dispute framework, rather than automatically diverting them elsewhere. This reflects an understanding that sport is an indus - try, and that employment relations between clubs and coaches, technical staff, and sometimes players are integral to the operation of competitions and perfor - mance outcomes. In Mohammed v Bandari Football Club [2025] KESDT 46 (KLR), the Tribunal addressed an employment dis - pute and considered an arbitration clause which con - templated internal arbitration and potentially arbitra -
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