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Sports Act

Act No. 25 Of 2015

Assented On 14th January, 2013 & Commenced On 1st August, 2013

Section 3 (1) establishes a body corporate by the name Sports Kenya and which as per section 3(3) shall be the successor to the Sports Stadia Management Board established by the Sports Stadia Management Board Order (L.N. 180/2002).

Consequently, section 3(4) all the rights, duties, obligations, assets and liabilities of the Sports Stadia Management Board existing immediately before the commencement of the Act shall be transferred automatically and fully to Sports Kenya.

Section 3(5) stipulates that the headquarters of Sports Kenya shall be in Nairobi, but may establish offices in any other place in Kenya, since section 3(6) requires it to ensure access to its services in all parts of the Republic in accordance with Article 6(3) of the Constitution.

The functions set out in section 4 are;

  1. promote, co-ordinate and implement grassroots, national and international sports programs for Kenyans, in liaison with the relevant sports organizations and facilitate the active participation of Kenyans in regional, continental and international sports, including in sports administration;
  1. manage and maintain the sports facilities specified in the First Schedule and any other facilities which the Cabinet Secretary may, by notice in the Gazette, declare to be sports facilities for the purposes of this Act;
  1. establish, manage, develop and maintain the sports facilities, including convention centers, indoor sporting and recreational facilities for the purposes of this Act;
  1. adopt, develop, plan, set stadia standards and licence and regularly inspect stadia for sporting and recreational use;
  1. establish and maintain a sports museum;
  1. participate in the promotion of sports tourism;
  1. provide the necessary amenities or facilities for persons using the services or facilities provided by Sports Kenya;
  1. operate sports facilities on public grounds in such manner as it deems necessary;
  1. collaborate with county governments, learning institutions and other stakeholders concerned with sports and recreation, in the search, identification and development of sporting talent, provision of sports equipment, facilities and technical training,
  1. identify and recommend talents in sports to national sports organizations;
  1. inculcate the sense of patriotism and national pride through sports and recreation, create awareness on matters of national interest through sporting events, create awareness on the benefits of regular participation in sports for healthy living and provide advisory and counseling services to athletes
  2. determine the national colours to be used in national and international competitions, in consultation with the relevant national sports organizations;
  3. facilitate the preparation and participation of Kenyan teams in various international events and the hosting of similar events in the country and recommend members of steering committees for international sports competitions, in consultation with the relevant national sports organizations;
  4. recommend to the relevant authorities issuance of work permits and visas to foreign athletes and technical sports personnel, in consultation with the relevant national sports organizations;
  5. approve, at the request of the respective national sports organizations, the clearance of foreign sports technical personnel before engagement by national sports organizations and other sporting bodies;
  1. organize and co-ordinate training, conduct research, maintain a resource centre and provide and engage consultancy services for sports development programmes, in consultation with the respective national sports organizations;
  1. with the approval of the Cabinet Secretary, prescribe charges or fees in respect of—

(i) access to, or use of, any of the resources or facilities of Sports Kenya;

(ii) the provision of programs, services, information or advice by Sports Kenya; and

(iii) the admission of persons to events and activities organized by Sports Kenya;

  1. recommend, in liaison with the relevant sports organisations, tax exemption for sportspersons; and
  2. perform such other functions related to the implementation of this Act as may be directed by the Cabinet Secretary.

The powers of Sports Kenya are set out in section 5. It shall have power to;

(a) erect buildings and structures and carry out works necessary or desirable for the purposes of Sports Kenya;

(b) appoint agents and attorneys;

(c) engage persons to perform services for Sports Kenya;

(d) obtain commercial sponsorship for Sports Kenya and participate in marketing arrangements involving endorsement by Sports Kenya of products and services associated with sports;

(e) provide, whether by sale or otherwise, any article or thing bearing a mark, symbol or writing that is associated with Sports Kenya;

(f) regulate the provision of services and use of the facilities of Sports Kenya;

(g) act as an agent for any person engaged, whether within Kenya or elsewhere, in the performance of services, or the provision of facilities, of a kind similar or complementary to those performed or provided by Sports Kenya;

(h) undertake the construction or execution of any works on land vested in Sports Kenya; and

(i) make regulations, with the approval of the Cabinet Secretary—

(i) relating to the use, safety or maintenance of the stadia falling within its responsibility;

(ii) relating to the erection of structures on, near, over or under the stadia falling within its responsibility;

(iii) for the drainage of streets, lands, compounds and buildings adjacent to the stadia;

(iv) for the inspection of the level, width and construction of stadia and play grounds; and

(v) for the removal, demolition or alteration of any projection, structure or thing obstructing a stadia or likely to cause damage or inconvenience to sports facility users

The Board which is mandated to manage Sports Kenya is composed of the following as set out in section 6 (1);

(a) a non-executive chairperson, who shall be a person who holds a degree from a university recognised in Kenya and is knowledgeable in sports, finance or commerce, appointed by the President;

(b) the Principal Secretary in the Ministry for the time being responsible for sports;

(c) the Principal Secretary in the Ministry for the time being responsible for finance;

(d) the Attorney-General;

(e) the Principal Secretary in the Ministry responsible for education;

(f) the Chief Executive Officer of the Academy of Sports;

(g) the Chief Executive Officer of the National Sports Fund;

(h) the secretary to the Sports Disputes Tribunal;

(i) four persons appointed by the Cabinet Secretary on nomination by—

(i) the sports organizations recognized as the national coordinating bodies for the promotion and development of high performance Olympic, Paralympic and Deaflympics sports in Kenya; and

(ii) the national multi-sport sports organization that is responsible for the adherence to all the codes for sports and recreational bodies.

(j) the Director-General of Sports Kenya, who shall be the Secretary.

Section 6 (2) demands that appointment and nomination of the above persons to Board shall have regard to the principle of gender equity and affirmative action.

Section 6 (3) stipulates that the Chairperson and members of the Board appointed under subsection 6(1) (i) shall hold office for a maximum of two 3 year terms and section 6 (4) demands that their appointment shall be by notice in the Gazette.

Section 7 stipulates that the Board shall have power to;

(a) manage, control and administer the assets of Sports Kenya in such manner and for such purposes as best promotes the purposes for which Sports Kenya is established;

(b) receive any gifts, grants, donations or endowments made to Sports Kenya or any other monies in respect of Sports Kenya and make disbursements therefrom in accordance with the provisions of this Act;

(c) determine the provisions to be made for capital and recurrent expenditure and for reserves of Sports Kenya;

(d) open a banking account or banking accounts for the funds of SportsKenya; and

(e) invest any monies of Sports Kenya not immediately required for the purposes of this Act in the manner provided in section 11.

(f) make grants or lend money, and provide scholarships to sportspersons and staff of Sports Kenya; and

(g) do any other thing necessary, or expedient for the discharge of it’s functions under the Act.

 

 

Director-General (Section 8)

Section 8 (1) establishes the office of Director-General in Sports Kenya, and the Director General’s appointment shall be done by the Board in a competitive process.

Section 8(3) states that the term of the Director General shall be a maximum of 2 three year term on terms to be determined by Sports Kenya.

  1. 8 (2) requires that for one to qualify for appointment as Director General, that person must have held a similar position or served in executive management in an institution of equal status for at least five years and has at least ten years’ experience and proven competence in sports and facility management and operation of commerce, industry, finance or general administration.

The functions of the Director-General which broadly entail day-to-day operations and administration of Sports Kenya are set out in section 8(4) in detail. The functions are;

(a) the implementation of the policies and programmes and agreed objectives, performance targets and service standards of Sports Kenya;

(b) the proper management of the funds and property of Sports Kenya;

(c) the organization and control of the staff of Sports Kenya;

(d) the formulation, development and implementation of the strategic plan, business plan, annual plan and operations plan for achieving Sports Kenya’s objectives;

(e) co-operation with other lead agencies and organizations in the sports sector;

(f) the development of an economic, efficient and cost effective internal management structure;

(g) the provision of advice as required on all matters within Sports Kenya’s responsibility; and

(h) the performance of any other function necessary for the implementation of this Act as may be assigned to him by the Board.

Notwithstanding the following functions the Director General shall be subject to the general direction and control of the Board.

Staff of Sports Kenya (Section 9)

Section 9(1) gives Sports Kenya authority to appoint officers and staff as may be necessary for the proper and efficient performance of its functions, section 9(2) stipulates that such officers and staff appointed shall hold office on such terms and conditions as may be determined by the Board.

Delegation of powers of the Board (Section 10)

Section 10(1) gives authority to The Board to delegate in writing to the Chairperson, a member of the Board, an officer of Sports Kenya or to a Committee of the Board established in accordance with the Third Schedule, any of the powers, duties or functions of Sports Kenya under the Act. Section 8(2) requires such delegation to be in accordance with the terms and conditions specified in the instrument of delegation and subject to directions or guidelines issued by as the Board from time to time in writing.

Section 8(3) gives authority to any person aggrieved by the decision of a person exercising powers delegated under this section to appeal to the Board.

The source of the funds of Sports Kenya are set out in section 11. They shall comprise;

(a) such moneys as may be appropriated by Parliament for purposes of Sports Kenya;

(b) such moneys, revenue or assets as may accrue to or vest in the Board of Sports Kenya in the course of the exercise of its powers or the performance of its functions under the Act or under any other written law;

(c) money provided by the National Sports Fund for the purposes of Sports Kenya;

(d) funds accruing from investments made by Sports Kenya;

(e) such gifts, grants, loans or donations, made with the approval of the Cabinet Secretary and the Cabinet Secretary responsible for finance, to Sports Kenya; and

(f) money from any other source received by Sports Kenya in the performance of its functions under this Act.

PART III – ESTABLISHMENT OF THE NATIONAL SPORTS FUND

Section 12(1) establishes the National Sports Fund, which shall vest in and be operated and managed by the Board of Trustees.

Section 12(2) stipulates moneys to be paid into the fund and out of the fund. It states that there shall be paid—

(a) into the Fund all the proceeds of any sports lottery, investments and any other payments required by this Act to be paid into the Fund; and

(b) out of the Fund, financial support for sports persons and sports organizations and any other payments required under the provisions of this Act to be paid out of the Fund.

Establishment of a Board of Trustees (Section 13)

Section 13 (1) establishes the National Sports Fund Board of Trustees who shall be the Board of trustees of the Fund and which as per section 13(2) shall be a body corporate with perpetual succession and a common seal.

The composition of the Board are set out in section 13(1) and shall include;

(a) a chairperson, who shall be a person knowledgeable in finance, commerce or sports, appointed by the President;

(b) the Principal Secretary in the Ministry for the time being responsible for sports or his representative;

(c) the Principal Secretary in the Ministry for the time being responsible for finance or his representative;

(d) the Attorney-General or his representative;

e) the Director General of Sports Kenya;

(f) the Chief Executive Officer of the Kenya Academy of Sports;

(g) the secretary to the Sports Disputes Tribunal;

(h) four trustees appointed by the Cabinet Secretary on nomination by—

(i) the sports organizations recognized as the national coordinating bodies for the promotion and development of high performance Olympic, Paralympic and Deaflympics sports in Kenya; and

(ii) the national multi-sport sports organization that is responsible for all sports disciplines or recreational bodies;

(i) two other persons with experience in sports marketing, management of national sports organization, or the corporate sector, appointed by the Cabinet Secretary, taking into consideration gender balance;

(j) the Chief Executive Officer appointed under section 25, who shall be the Secretary to the Board of Trustees.

Section 13 (3) stipulates that the appointment of Trustees under section 13 (1)(h) and (i) shall be by Gazette Notice and section 13(4) stipulates that Trustees appointed under the Act shall have the duties and obligations of a trustee, and be accountable in accordance with the provisions of the Trustee Act (Cap. 167).

Section 13(5) sets the headquarters of the Board of Trustees in Nairobi, but allows the Board to establish offices at any other place in Kenya and section 13(6) requires The Board of Trustees to ensure access to its services in all parts of Kenya in accordance with Article 6(3) of the Constitution.

Qualification for appointment (Section 14)

Section 14(1) gives the persons who cannot qualify for appointment as a trustee. They are if the person-

(a) whether personally, through a spouse, immediate family member, business partner or associate has or has had a direct or indirect financial interest in any lottery or gambling or associated activity, in the three years immediately preceding the time of appointment;

(b) has any interest in a business or enterprise that may conflict or interfere with the proper performance of that person’s functions as a trustee;

(c) holds a political office;

(d) has been declared bankrupt or has committed an act of bankruptcy;

(e) has at any time been, or is, removed from an office of trust on account of misconduct; or

(f) has at any time been convicted, whether in Kenya or any other country, of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Anti-Corruption and Economic Crimes Act (Cap. 65) or an offence involving dishonesty.

Term of office (Section 15)

Section 15(1) stipulates that the chairperson and trustees appointed under section 13(1)(h) and (i) shall hold office for a maximum of 2 three year term in which the second requires reappointment and the terms shall be as per specified in the instrument of appointment;

Section 15 (2) stipulates that the chairperson or a trustee, other than an ex officio member, may—

(a) Resign by giving written notice to the Cabinet Secretary;

(b) be removed from office by the Cabinet Secretary if the trustee—

(i) has been absent from three consecutive meetings of the Board of Trustees without the permission of the chairperson;

(ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors;

(iii) is convicted of fraud, forgery, uttering a forged document, or for any offence under the Anti-Corruption and Economic CrimesAct (Cap. 65);

(vi) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings;

(vii) is incapacitated by prolonged physical or mental illness or is otherwise unable to discharge his duties as a trustee; or

(viii) fails to comply with the provisions of this Act relating to disclosure.

Filling of Vacancy (Section 16)

The section stipulates that on vacancy of office of a trustee appointed under section 13(1)(h) before the expiry of the trustee’s term of office, the Cabinet Secretary Shall, on the recommendation of the nominating body, appoint a person similarly qualified to fill the vacant position for the remainder of the term.

Functions of the Board of Trustees (Section 17)

The functions are set out in section 17(1) , they shall be to—

(a) manage, control and administer the assets of the Fund in such manner and for such purposes as to best promote the purpose for which the Fund is established;

(b) receive any gifts, grants, donation or endowments made to the Fund or any other moneys lent in respect of the Fund and make disbursements therefrom in accordance with the provisions of the Act;

(c) enter into contracts on behalf of the Board of Trustees;

(d) raise funds through sports lotteries, investments and any other means and disburse the funds for the development of sports and recreation;

(e) make recommendations relating to the provision of financial grants to national sports organizations;

(f) in relation to the national sports lottery, ensure that any lottery carried out for the purposes of the Fund complies with the relevant law;

(g) indicate to all the sports agencies at the beginning of its financial year-

(i) the amount of money likely to be available to the Board for allocation in that year;

(ii) the priorities of the Board in monies allocated in that year; and

(iii) the criteria to be applied in making allocations;

(h) receive from sports agencies, at least six months before the commencement of every financial year, an annual sports programme in such form as it shall specify, outlining a comprehensive plan of action for the development, rehabilitation and maintenance of sports projects or programmes of the sports agency and the estimated costs of every activity;

(i) required to implement the plan of action;

(j) advise the Cabinet Secretary on the establishment and implementation of a social responsibility programme in respect of the national sports lottery and any other matter relating to the national sports lottery which the Cabinet Secretary may require advice; and

(k) perform such other functions as the Cabinet Secretary may assign.

 

Section 17(2) requires a ceiling to be set by The Board of Trustees of the Fund on approval by the Cabinet Secretary on administrative expenses which shall not exceed three per cent of the total collections in any year.

Section 17 (3) requires The Board of Trustees of the Fund to ensure that in any financial year, the expenditure and commitments from the Fund shall not exceed the annual income of the Fund and any surplus income brought forward from the previous year.

Section 17(4) on the other hand stipulates that if in exceptional circumstances, the income from the Fund or other funds together with any surplus income brought forward from the previous year is insufficient to meet the actual or estimated liabilities of the Board of Trustees and the Fund, the Cabinet Secretary of Finance may, with the approval of Parliament, make advances to the Board of Trustees on such terms and conditions, whether as to repayment or otherwise, as the Cabinet Secretary for Finance may determine, provided that any such advance shall be repaid from the income of the Fund.

Section 17 (5) requires the Board of Trustees to ensure that it’s activities and operations are accessible to the public through regular publications.

Powers of the Board of Trustees (Section 18)

Section 18(1) gives The Board of Trustees the power to—

(a) enter into partnerships with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the purposes for which it is established;

(b) where it considers it necessary or desirable, become a member of, or associate with corporations or other bodies or associations for the purposes of assisting or promoting sporting projects, programmes and activities.

Section 18 (2) gives The Board of Trustees authority to delegate any of its functions to a committee, trustee or an employee.

Remuneration of the Trustees (Section 19)

The trustees remuneration, allowances and disbursements will be approved by the Cabinet Secretary in consultation with the Treasury.

Common seal of the Fund (Section 20)

Section 20(1) demands The common seal of the Board of Trustees to be kept in the custody ofthe Chief Executive Officer or of such other person as the Board of Trustees may direct, and shall not be used except upon the order of the Board of Trustees and section 20(2) stipulates that the Common Seal when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved.

Section 20(3) requires the common seal of the Board of Trustees to be authenticated by the signature of the chairperson of the Board of Trustees and the Chief Executive Officer and in the absence of the two the Board of Trustees may nominate one of it’s members to conduct the authentication.

Protection of fund from liability (Section 21)

Section 21(1) protects the Board of Trustees, trustees or members of staff from liability for any loss or damage sustained as a result of any act or omission done or made in good faith and without negligence in the performance or exercise of any duty or power conferred by the Act, while section 21(2) goes to stipulates that liability for acts done in good faith shall be borne from the general funds of the Board of Trustees unless such expenses are recovered by the person by instituting a suit

 

Liability of Fund for damages (Section 22)

Section 22 provides that the provisions of section 21 shall not relieve the Fund of liability to pay compensation or damages to any person for any injury to that person, property or any of that person’s interests caused by the exercise of any power conferred by the Act or by any other written law or by the failure, whether wholly or partially, of any works.

Delegation by the Board of Trustees (Section 23)

Section 23 gives authority to The Board of Trustees by resolution to delegate to any committee of the Board of Trustees or to any officer, member of staff or agent of the Board of Trustees, the exercise of any of the powers or the performance of any of the functions or duties of the Board of Trustees under the Act.

Consultation by the Board of Trustees (Section 24)

Section 24(1) gives authority to the Board of Trustees in order to ensure effective performance of its functions to consult any person, organization or institution with regard to any matter it deems necessary and section 24(2) gives further authority to invite such persons to attend any of its meetings and to participate in its deliberations but shall not be allowed to vote.

Chief Executive Officer of the Board of Trustees (Section 25)

Section 25(1) establishes the office of the Chief Executive Officer of the Board of Trustees to be appointed by the Board of Trustees competitively, and section 25(2) stipulates that the terms and conditions of employment shall be determined by Board of Trustees.

Section 25(3) stipulates that The Chief Executive Officer shall be an ex officio member of the Board of Trustees and shall not have the right to vote at a meeting of the Board of Trustees.

Functions of the Chief Executive Officer (Section 26)

Section 26 (1) stipulates that The Chief Executive Officer shall, in consultation with the Board of Trustees, be responsible for the management of the affairs and transactions of the Board of Trustees and the exercise, discharge and performance of the objectives, functions and duties of the Board of Trustees.

Section 26(2) gives more detailed functions. It states that the Chief Executive Officer shall—

(a) ensure the maintenance of efficiency and discipline by all staff of the Board of Trustees;

(b) manage the budget of the Fund and ensure that its funds are properly expended and accounted for; and

(c) perform such other duties as the Board of Trustees may, from time to time, assign.

 

 

 

Staff of the Fund (Section 27)

Section 27 gives The Board of Trustees authority to employ such staff as may be necessary for the proper and efficient discharge of it’s functions under the Act, upon such terms and conditions of service as the Board of Trustees may determine and specify in their instruments of appointment.

Funds of the Board of Trustees (Section 28)

The source of the funds of the Board of Trustees are—

(a) such moneys as may be appropriated by Parliament for purposes of the Board of Trustees;

(b) such moneys, revenue or assets as may accrue to or vest in the Board of Trustees in the course of the exercise of its powers or the performance of its functions under the Act or under any other written law;

(c) funds accruing from investments made by the Board of Trustees;

(d) such gifts, grants, loans or donations, made with the approval of the Cabinet Secretary and the Cabinet Secretary responsible for finance to the Board of Trustees; and

(e) money from any other source received by the Board of Trustees in the performance of its functions under the Act.

Administrative expenses of the Fund (Section 29)

Section 29 stipulates that The Board of Trustees shall establish an account into which shall be paid—

(a) the initial grants provided by the Government for the expenditure incurred by the Board of Trustees in the exercise of its powers or the performance of its functions under the Act;

(b) the annual administrative fee deducted from the investment income of the Fund at the rate approved from time to time by the Cabinet Secretary but subject to a maximum of three per cent of such investment income;

(c) such monies as may accrue or vest in the Board of Trustees in the course of the exercise of its powers;

(d) income from the investment of the monies held in the account; and

(e) all monies from any other source provided for or donated or lent to the Board of Trustees.

Investment of surplus funds (Section 30)

Section 30(1) gives authority to the Board of Trustees to invest any surplus funds held in the account established under section 29 in securities approved by the Cabinet Secretary for the time being responsible for matters relating to finance.

Section 30(2) further gives the The Board of Trustees authority to deposit on bank or banks as it may determine any monies held in the account established under section 29 that are not immediately required for the purposes of the administration of the Fund.

Reserve Account (Section 31)

Section 31 requires establishment of a reserve account of the Fund into which shall be

deposited—

(a) any special contribution paid into the Fund by the Government for the purposes of facilitating sportspersons; and

(b) any income of the Fund that the Board of Trustees determines should be set aside to support national sports organisations subject to a maximum of ten per cent of such income: Provided that no money shall be drawn out of the reserve account without the authority of the Board.

Actuarial evaluation of the Fund (Section 32)

Section 32(1) provides that The Fund shall be valued at intervals not exceeding five years by an actuary appointed by the Board of Trustees.

Section 32(2) sets out in detail the work to be done by the actuary. The actuary shall –

(a) prepare a report on the state of the Fund which as per section 32(3) shall be submitted to the Board of Trustees;

(b) recommend any necessary action to be taken.

Section 32 (4) requires the Board of Trustees to within six months of the receipt of such report topay due regard to any recommendations made by the actuary and in so doing, may—

(a) increase or decrease the rates of contribution payable in respect of sports agencies; or

(b) take any other action recommended by the actuary.

 

Establishment of the Academy of Sports (Section 33)

Section 33 (1) establishes the Kenya Academy of Sports which as per section 33(2) shall be a body corporate with perpetual succession and a common.

Section 33(3) sets the headquarters of the Academy to be in Nairobi, but offices may be established in other parts of Kenya while section 33(4) requires the Academy to ensure access to its services in all parts of the Republic in accordance with Article 6(3) of the Constitution.

Functions of the Institute (Section 34)

The functions of the Academy as set out in section 34 shall be to—

(a) establish and manage sports training academies;

(b) organize, administer and co-ordinate sports courses for technical and sports administration personnel;

(c) promote research and development of talent in sports, in collaboration with institutions of higher learning, national sports organizations and other stakeholders;

(d) collect, collate, store and disseminate tangible and intangible historical sports material to the public, sports organizations, researchers and institutions of learning;

(e) receive and analyze data on training requirements from sports organizations;

(f) link with other institutions and organizations for regular updates on the current sports trends; and

(g) perform any other function that may directly or indirectly contribute to the attainment of the foregoing.

Constitution of the Council (Section 35)

Section 35(1) stipulates that the management of the Academy shall vest in a Council whose composition shall consist of—

(a) a chairperson, who shall be a person knowledgeable in sports, finance or commerce, appointed by the President;

(b) the Principal Secretary in the Ministry for the time being responsible for sports;

(c) the Principal Secretary in the Ministry for the time being responsible for finance;

(d) the Attorney-General;

(e) the Director General, Sports Kenya;

(f) the Chief Executive Officer of the Academy appointed under section 37 who shall be the Secretary

(g) two other persons who have experience in the management of training Academys, corporate sector or sports, appointed by the Cabinet Secretary;

(k) four other persons appointed by the Cabinet Secretary on nomination by—

(i) the sports organizations recognized as the national coordinating bodies for the promotion and development of high performance Olympic, Paralympic and Deaflympics sports in Kenya; and

(ii) the national multi-sport sports organization that is responsible for the adherence to all the codes for sports and recreational bodies.

The members of the Council under subsection (1)(b) to (d) may attend the meetings of the Council in person or designate a representative, in writing to attend on their behalf as set out in section 35(2).

Section 35(3) stipulates that any member of the Council, appointed under subsection (1)(g) and (h) shall, subject to the provisions of the Act, hold office for a period of a maximum of 2 three year terms with reappointment required for the second 3 year term and the terms shall be as set out in the instrument of appointment. Section 35(4) stipulates that such appointment under Section 35 (1)(g) and (h) shall be by name and notice in the Gazette.

Section 35(5) stipulates that the chairperson or a member of the Council, other than an ex officio

member, may—

(a) resign through a written notice to the Cabinet Secretary;

(b) be removed from office by the Cabinet Secretary if the member—

(i) has been absent from three consecutive meetings of the Council without the permission of the chairperson;

(ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors;

(iii) is convicted of fraud, forgery, uttering a forged document, or for any offence under the Anti-Corruption and Economic Crimes Act (Cap. 65);

(iv) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; or

(v) is incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to discharge the duties of a member of the Council.

 

Powers of the Council(Section 36)

Section 36 gives The Council powers necessary for the performance of the functions of the Academy under the Act and more particular it shall have power to—

(a)manage, control and administer the assets of the Academy in such manner and for such purposes as best promotes the purposes for which the Academy is established;

(b)receive any gifts, grants, donations or endowments made to the Academy or any other monies in respect of the Academy and make disbursements therefrom in accordance with the provisions of the Act;

(c)determine the provisions to be made for capital and recurrent expenditure and for reserves of the Academy;

(d)open a banking account or banking accounts for the funds of the Academy; and

(e)invest any monies of the Academy not immediately required for the purposes of the Act in the manner provided in section 38.

Chief Executive Officer of the Academy and other members of staff (Section 37)

Section 37(1) establishes the office of the Chief Executive Officer of the Academy who shall be

appointed by the Council, through a competitive recruitment process.

Section 37(2) stipulates that the Chief Executive Officer shall hold office for a period and terms and conditions set by the Council and while section 37(3) stipulates that the Chief Executive Officer shall not have voting rights being be an ex officio member of the Council.

Section 37 (4) gives the Council authority to appoint officers and staff as may be necessaryfor the proper and efficient performance of its functions, while section 37 (5) provides thatthe officers and staff appointed shall hold office on terms and conditions set by the Council and their instruments of appointment.

Funds of the Academy (Section 38)

Section 38 provides that source of the the funds and assets of the Academy shall comprise—

(a)such moneys as may be appropriated by Parliament for the purposes of the Academy;

(b)such moneys, revenue or assets as may accrue to or vest in the Council of the Academy in the course of the exercise of its powers or the performance of its functions under the Act or under any otherwritten law;

(c)funds accruing from investments made by the Academy;

(d)such gifts, grants, loans or donations, made to the Academy withthe approval of the Cabinet Secretary and the Cabinet Secretary responsible for finance to the Academy; and

(e)money from any other source received by the Academy in theperformance of its functions under the Act.

Financial year (Section 39)

Section 39(1) provides that the financial year of the sports institutions established under the Act shall be twelve months long ending on the thirtieth June in each year, but section 39(2) provides that it shall commence immediately on coming to force of the Act and end end on the thirtieth June of the subsequent year.

Preparation of a Sports Investment Programme (Section 40)

Section 40(1) obligates The Cabinet Secretary in consultation with the Board of Trustees to ensure preparation a sports investment programme once in every five years whose contents are set out in section 40(2) to include outlining the development and maintenance priorities relating to specified stadia facilities, training programmes, activities and such other detail as may be specified.

Section 40(3) requires every sports institution not later than six months before the end of each financial year, to prepare and submit to the Cabinet Secretary for approval an annual sports program based on the five-year sports investment program in respect of the ensuing financial year, comprising estimates of expected maintenance, development and capital expenditure of the respective institution in the said financial year to be financed by the National Sports Fund.

Section 40(4) on the other hand provides that The annual work programmes prepared or implemented by Sports Kenya, Board of Trustees, Academy, Sports Disputes Tribunal, the Registrar and the sports organizations shall be based on the approved five-year sports investment programme.

Annual estimates( Section 41)

Section 41(1) requires every sports institution at least three months before the commencement of each financial year, to prepare and submit to the Cabinet Secretary an annual budget based on the five-year sports investment program in respect of the following financial year comprising estimatesof expected recurrent, maintenance, development and capital expenditure of the sports institution in the said financial year.

Section 41(2) provides that the annual estimates for expenditure by an institution shall provide for—

(a)the payment of salaries, allowances and other charges in respect of the officers, agents or members of staff of the sports institution;

(b)the payment of pensions, gratuities and other charges in respect of retirement benefits payable to the members of staff of the sports institution;

(c)the proper maintenance, repair and replacement of the equipment and other movable property of the sports institution; and

(d)the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the sports institution may deem appropriate.

Section 41(3) provides that the annual estimates shall be approved by respective governing bodies of the sports institutions before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and once the annual estimates are approved by the Cabinet Secretary, the respective sports institution shall not increase the sum provided without the written consent of the Cabinet Secretary.

Section41 (4) prohibits incurring of any further expenditure by a sports institution except in accordance with the annual estimates approved under section41 (3) and section 40 (5) prohibits undertaking of any activity that is outside the said approved budget unless with written approval by the Cabinet Secretary, and the Cabinet Secretary for the time being responsible for finance.

Accounts and audit (Section 42)

Section 42(1) requires every sports institution to keep all proper books and records of accounts of the income, expenditure, assets and the liabilities of the respective sports institution and annual statement of accounts in conformity with international accounting standards, which as per section 42(2) shall be audited and reported in accordance with the Public Audit Act (Cap. 65).

Power to borrow (Section 43)

Section 43(1) provides for borrowing of money required for it’s operations by a sports institution on approval by the Cabinet Secretary and the Cabinet Secretary responsible for matters relating to finance, borrow money and such approval to borrow as per section 43(2) may be general or limited to a particular transaction and may be unconditional or subject to such conditions as may be specified.

Power to invest Funds (Section 44)

Section 44 provides for investment of funds not immediately required by sports institutions in a manner to be determined by the Board, Board of Trustees or Council with the approval of the Cabinet Secretary and the Cabinet Secretary responsible for finance.

Sports Registrar (Section 45)

Section 45(1) establishes the office of the Sports Registrar which shall be an office within the Public Service and be appointed by the same Public Service Commission as per section 45(2).

The functions of the Sports Registrar are set out in section 45(2) shall be-

(a)in charge of the office of the Sports Registrar;

(b)responsible for the registration and regulation of sports organizations and multi-sports bodies representing sports organizations at the national level, in accordance with the provisions of the Act;

(c)responsible for the matters relating to the licensing of professional sports and professional sports persons in accordance with the provisions of the Act; and

(d)responsible for the arbitration of registration disputes between sports organizations.

Section 45(3) requires the Registrar to maintain a register of the registered sports organizations and such other particulars relating to the registered sports organizations as may be prescribed.

Section 45(4) requires the Registrar to issue licences for professional sports in accordance with the regulations and the requirements that the Cabinet Secretary may prescribe and any other relevant law.

Section 45(5) provides that a copy of an entry in the register certified by the Registrar shall, for purposes of any written law, be prima facie (face value)evidence of the facts stated in the certificate.

Registration of sports organizations (Section 46)

Section 46 (1) prohibits operations of any body as a sports organization without registration under the Act, while section 46(2) provides modes/vehicles of how sports organization can registered by the Registrar, they include-

(a)a sports club;

(b)a county sports association; or

(c)a national sports organization.

Section 46(3) provides that an application for registration of a national sport organization shall—

(a)be submitted to the Registrar; and

(b)be in the prescribed form and shall specify—

(i)the name of the sports organization;

(ii)the category under which it is to be registered;

(iii)the office-bearers of the applicant;

(iv)the head office and postal address of the applicant;

(v)sources of funding of the applicant;

(vi)national and international affiliation, if any; and

(vii)such other information as the Cabinet Secretary may prescribe.

The application for registration in section 46(3) shall be accompanied by—

(a)a certified copy of the constitution of the applicant [with basic provisions as set out in the Second Schedule as required by section46(5)] ; and

(b)such fees as the Cabinet Secretary may prescribe.

Section46 (6) requires all national sports organizations registered under the Act to be open to the public in their leadership, activities and membership.

Section 46(7) provides that a certificate of registration issued under this section—

(a)shall be conclusive evidence of authority to operate throughout the country as may be specified in the certificate of registration; and

(b)may contain such terms and conditions as the Registrar may prescribe.

Certificate of registration (Section 47)

Section 47(1) provides that a national sports organization registered under the Act shall be issued with a certificate of registration in the prescribed form, while section 47(2) prohibits the Registrar from registering more than one national sports organizations run any one discipline.

Rejection of application (Section 48)

Section 48(1) provides grounds for the Registrar to reject an application for registration of a body as a sports organization. They are if the Registrar is satisfied that—

(a) its proposed activities or procedures are not in the national interest; or

(b)the body has given false information to secure registration.

Section 48(2) on the other hand requires the Registrar to notify the applicant, in writing, of the rejection of its application for registration within fourteen days from the date of such rejection.

Transition of existing sports organizations (Section 49)

Section 49 (1) provides that a sports organization which registered under the Societies Act (Cap. 108) and existing immediately before the commencement of the Act shall be required to apply for registration under the Act within one year after the commencement of the Act, and section 49(2) provides that within this period of 1 year such sports organization shall not be deemed to be an unlawful but section 49(3) provides that they shall not be recognized as a sports organization for the purposes of the Act if they fail to apply after the 1 year period.

Section 49 (3) goes on to state that provided that an existing sports organization in respect of which—

(a)an application for registration has been made by it under subsection (1) and has not been rejected; or

(b)an appeal has been lawfully made under the Act and remains undetermined, shall continue to be recognized as a sports organization for the purposes of the Act.

Effect of registration of existing sports organization (Section 50)

Section 50(1) provides effects of registration of an existing sports organization under the Act. They include—

(a)all the funds, assets and other property, movable and immovable, which immediately before such registration were held by that sports organization or on its behalf shall vest in the sports organization registered under the Act;

(b)all rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before the commencement of the Act were vested in, imposed on or enforceableby or against an existing sports organization shall, be vested in, imposed on or be enforceable by or against the sports organizationregistered under the Act.

Cancellation of certificate (Section 51)

Section 51(1) provides grounds for cancellation of certificate of registration issued to a Sports Organization by the Registrar. They include if a Registrar is satisfied that—

(a)the registration was procured through misrepresentation or non- disclosure of material facts;

(b)the terms or conditions attached to the certificate of registration have been violated; or

(c)the sports organization has breached the provisions of the Act or any other law.

 

Section 51(2) requires the Registrar before cancelling the certificate of registration of a sports organization, to notify the sports organization of the intended cancellation, giving reasons for the intended cancellation and give the sports organization an opportunity to be heard while section 51(2) demands that notification of cancellation of certificate of registration shall be in writing within fourteen days from the date of such cancellation.

Inspection of sports organizations (Section 52)

Section 52(1) provide that The Registrar may, at any time, or if so directed by the Cabinet Secretary, cause an inspection to be made by any person authorized by the Registrar, in writing, of any sports organization, branch, sub-branch, organ, or any person associated with any sports organization, and of its or his books, accounts and records.

Section 52(2) provides that when an inspection is made under section52(1), the sports organization, branch, sub-branch, organ or person concerned, and every official and employee

thereof shall produce and make available to the person making the inspection all the books, accounts, records and other documents of the sports organization, branch, sub-branch, sub-branch organ or person, its or his affairs and conduct, as the person making the inspection may require, and within seven days or such longer period as he may direct, in writing.

Section 52(3) goes on the provide that a person who fails to produce any books, accounts, records, document,correspondence, statements, returns or other information within the period

specified in the direction under section 52(2) contravenes the Act:

Provided that:

(a)the books, accounts and other documents required to be produced shall not, in the course of inspection, be removed from the premises of the sports organization, branch, sub-branch, organ or person, or other premises at which they are produced;

(b)the person making the inspection may make copies of any books, accounts and other documents required for the purposes of his report; and

(c)all information obtained in the course of the inspection shall be treated as confidential and used solely for the purposes of this Act.

Section 52 (4) provides that the person conducting an inspection shall submit a report to the Registrar, and the report shall specify any breach or non-compliance with the requirements of the Act and any regulations made thereunder, any irregularity in the manner of conduct of affairs of the sports organization, branch, sub-branch, discovered in the course of the inspection that warrants, in the opinion of the person making theinspection, remedial action or further investigation.

Directions to sports organization after inspection (Section 53)

Section 53 provides that the Registrar may by written notice, and after giving the sports organization, branch, sub-branch or person, reasonable opportunity of being heard, require the sports organization, branch, sub-branch, organ or person to comply, within such period as may be specified, with such directions as he considers necessary in relation to any matter arising out of a report made under section 52(4).

Intervention by Cabinet Secretary in management (Section 54)

Section 54(1) provides that where a sports organisation fails to comply with the recommendations of an inspection, the Cabinet Secretary may—

(a)appoint any person or committee to assume the management, control and conduct of the affairs of a sports organization, to exercise the powers and functions of the sports organization to the exclusion ofits officials, including the use of its corporate seal, where the sports organization concerned has been unable to conduct its affairs in a proper manner; or

(b)remove any official of a sports organization who, in the opinion of the Cabinet Secretary, has caused or contributed to any contravention of any provision of the Act, or any regulations or directions made thereunder or to any deterioration in the financial stability of the sports organization or has conducted himself in a manner which is detrimental to the interest of the relevant sporting discipline, or which has brought the sporting discipline into disrepute.

Section 54 (2) provides that The appointment of a person or committee under the section shall be for period as the Cabinet Secretary shall specify in the instrument of appointment, but shall not exceed six months.

Section 54 (3) provides that a person or committee shall, upon assuming the management, control and conduct of the affairs of a sports organization, discharge his or its duties with diligence and in accordance with sound management and financial principles

Establishment of Tribunal (Section 55)

Section 55(1) establishes the Sports Disputes Tribunal whose composition is set out in section 55(2). The members shall be appointed by the Judicial Service Commission in consultation with the national sports organizations. It’s composition shall include;

(a)a chairperson, qualified to be appointed as a Judge of the High Court;

(b)at least two members who shall—

(i)be advocates of the High Court of Kenya with at least seven years experience; and

(ii)have experience in legal matters relating to sports or have been involved in sport in any capacity; and

(c)at least two and not more than six other persons who have experience in sport, in any capacity, of at least ten years.

Section provides that 55(3) provides that the Judicial Service Commission in consultation with the national sports organizations shall appoint a deputy chairperson from the members of theTribunal appointed under subsection 2(b).

Tenure (Section 56)

Section 56(1) provides that the chairperson and members of the Tribunal shall hold office for a maximum of 2 five year term with second being a reappointment while section 56(2) provides that they shall serve on part-time basis.

 

Vacancy in office of member (Section 57)

Section 57(1) provides that the office of a member of the Tribunal shall become vacant if the member—

(a)resigns by giving notice in writing to the Judicial Service Commission;

(b)is convicted of a criminal offence;

(c)is incapacitated by reason of prolonged physical or mental illness fromperforming his duties;

(d)is adjudged bankrupt;

(e)is otherwise unable or unfit to continue serving as a member of the Tribunal; or

(f)dies.

Jurisdiction of the Tribunal (Section 58)

Section 58 provides that the Tribunal shall determine—

(a)appeals against decisions made by national sports organizations or umbrella national sports organizations, whose rules specifically allow for appeals to be made to the Tribunal in relation to that issue including—

(i)appeals against disciplinary decisions;

(ii)appeals against not being selected for a Kenyan team or squad;

(b)other sports-related disputes that all parties to the dispute agree to refer to the Tribunal and that the Tribunal agrees to hear; and

(c)appeals from decisions of the Registrar under the Act.

Powers of the Tribunal (Section 59)

Section 59 gives power to The Tribunal in determining disputes to apply alternative dispute resolution methods for sports disputes and provide expertise and assistance regarding alternative dispute resolution to the parties to a dispute.

Staff of the Tribunal (Section 60)

Section 60 gives the Judicial Service Commission authority to appoint the Secretary and such other staff of the Tribunal as are necessary for the proper functioning of the Tribunal.

Rules (Section 61)

Section 61 provides that the Chief Justice may in consultation with the chairperson of the Tribunal, and by Gazette notice, make rules governing the practice and procedure of the Tribunal having regard to the objectives of the Act.

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