The Sports Bill, 2010

THE SPORTS BILL, 2010 ARRANGEMENT OF CLAUSES Clause PART I-PRELIMINARY 1-Short title and commencement. 2 =-Interpretatlon. PART II-ESTABLISHMENT OF VARIOUS BODIES

Department of Sports and Recreation 3 -Establishment of the Department.

4 =-Functions of the Department. National Sports Trust Fund 5 =-Establishment of the Fund. 6 -Board of the Fund. 7 --Conduct of business of the Board. 8 - -Functions of the Board. 9 =-Powers of the Board.

10 =-Remuneration of members of the Board. 11 -Common 13 -Liability seal of the Fund . of Fund for damages. 12 =-Protectionof Fund from liability. 14 =-Delegation by the Board.

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The Sports Bill, 2010

15-Consultation

by the Board.

16--Chief Executive Officer of the Fund. 17 -Functions 18 -Staff of the Chief Executive Officer.

of the Fund.

Kenya National Sports ~nstitute 19-Establishment 20-Management 21-Functions 22-Institute 23-Provision of the Institute. of the Institute

of the Institute. to charge or impose fees. to apply to Institute and Council.

PART ill-SECRETARY 24--0ffice of the Secretary of Sports.

OF SPORTS

PART IV-NATIONAL 25-Registration. 26-Certificate 27-Rejection 28of registration. of application.

SPORTS ORGANIZATIONS

Cancellation of certificate.

PART V-REGULATION 29-Inspection

OF SPORTS ORGANISATIONS.

of sports organizations.

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The Sports Bill, 2010

30-Directions 31-Intervention

to sports organisation inspected.
by Minister in management.

PART VI-FINANCIAL 323334Funds and assets of the Fund. Annual estimates. Accounts and audit.

PROVISIONS

PART VII-MISCELLANEOUS 35-Arbitration 36-Offences 37-Regulations. in sports disputes. and penalties.

FmST SCHEDULE:

PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD PROVISIONS AS TO THE CONSTITUTIONS OF NATIONAL SPORTS ORGANISATIONS PROVISIONS ON ARBITRATION SPORTS DISPUTES IN

SECOND SCHEDULE:

THIRD SCHEDULE:

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The Sports Bill, 2010

ABmfoJr AN ACT of Parliament to encourage and promote sports and recreation; to provide for the establishment of sports institutions, administration and management of sports in the country, and for connected purposes ENACTED by the Parliament of Kenya, as followsPART I -PRELIMINARY
Short title and commencement.

1. This Act may be cited as the Sports Act, 2010, and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint 2. In this Act, unless the context otherwise requires="athlete" means a person taking part in any sport; "Board" means the Board of the National Sports Trust Fund constituted in accordance with section 6; "Council" means the Council of the Institute constituted in accordance with section 20; . "Department" means the Department of Sports and Recreation established by section 3; "financial year" means the period of twelve months ending on the thirtieth June in each year; "Fund" means the National Sports Trust Fund established by section 5; "Institute" means the Kenya National Institute established under section 19; Sports

Interpretation.

"lottery" means a lottery as defined in the Betting,
4

'

.....

The Sports Bill, 2010
Cap. 131. .

Lotteries and Gaming Act, and includes any game, scheme, arrangement, system, pian, competition or device, which the Minister may, by notice in the Gazette, declare to be a lottery; "Minister" means the Minister for the time being responsible for sports;
,

"national sports organization" means responsible for a particular sport nationally;

a body

"national sports lottery" means a lottery whose proceeds are applied for the promotion of sports and recreational activities; "recreation" means voluntary participation in a physical or mental activity for enjoyment, improvement of general health, well-being and the skins of an individual; "Secretary" means the .Secretary appointed in accordance with section 24; of Sports

"sport" includes all forms of physical or mental activity which, through casual or organised participation, or through training activities, aims at expressing or improving physical and mental well-being, forming social relationships or obtaining results in competition at all levels, and includes any other activity as the Minister may, from time to time and after consultation with the Department, prescribe; "sports technical personnel" means a coach, trainer, referee, spotter, judge and umpire, and administrator; and "sporting event" means a sporting contest, competition, tournament or game open to attendance by the public.

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The Sports Bill, 2010 PART II -ESTABLISHMENT BODIES OF' VARIOUS

Department of Sports and Recreation
Establishment of the Department.

3.(1) There is established a Department to be known as the Department of Sports and Recreation, as an unincorporated body. r (2) The Department shall fall under the Ministry for the time being responsible for sports and recreation, and shall be responsible for the administration and implementation of this Act.

Functions of the Department.

4.(1) The Department shall(a) (b) formulate and implement policy on sports and recreation; steer and implement policy strategy on all matters pertaining to sports and recreation; co-ordinate the general implementation and review of sports policy; advise the Minister on the regulation and harmonization of sporting activities; work m collaboration with Government departments, and public and private agencies, to ensure the efficiency and effectiveness of sports programmes; co-ordinate and promote grassroots, national and international sports programmes;
6

(c)

(d)

(e)

(f)

The Sports Bill, 2010

evaluate and monitor development programmes; (h)

sport

give technical direction to the Government on all aspects of sports and recreation; ensure good governance and accountability in the use of in resources national sports organizations; identify and recommend talents in sports to national sports organizations; recommend members of steering committees for international sports competitions; recommend to the relevant authorities the issuance of passports and other travel documents to athletes and sports officials; recommend to the relevant authorities issuance of work permits and visas to foreign athletes and technical sports personnel; exercise general organization and co-odination of training, conduct research, maintain a resource centre and provide and engage consultancy services _for sports development programmes

(i)

(j)

(k)

(I)

(m)

(n)

(2) Without prejudice to the generality of subsection (1), the Department shall-

7

The Sports Bill, 2010

fa) (b)

register or deregister national sports organizations; resolve sports disputes within or between national sports organizations and facilitate the functions of an arbitrator appointed m accordance with the Third Schedule; mobilize and encourage Kenyan people to participate in sports and recreation; develop and implement sport and recreation programmes; give recommendation .to the Ministry for the time being responsible for finance on tax rebates and waivers on donated sports goods, equipment and prizes, and other concessions; facilitate active participation of Kenyans in regional, continental and international sports fora, including those aspiring for administrative positions; collaborate with local authorities, learning institutions, and other stakeholders concerned with sports and recreation, in searching, identifying and developing talent, provision of sports equipment, facilities and technical training; create awareness on matters of national interest through sporting events;
8

(c)

(d) (e)

(f)

(g)

(h)

I

The Sports Bill, 2010

(i)

provide advisory and counselling services to athletes; inculcate the sense of patriotism and national pride through sports and
recreation;

0)

(k)

create awareness on the benefits of regular participation in sports for healthy living; monitor and regulate the transfer of local athletes to foreign clubs; keep and update a register of all licensed sports agents; ensure the determination and use of national colours in national and international competitions; facilitate the preparation and participation of Kenyan teams in various international events and the hosting of similar events in the country; recommend custom clearance and exemption of duties and taxes on imported sports goods and equipment; approve clearance of foreign sports technical personnel before engagement - by national sports organizations and other sporting bodies; take disciplinary individuals, groups
9

(1) (m)

(n)

(0)

(p)

,

(q)

(r)

action on or national

The Sports Bill, 2010

sports organizations which contravenes this Act or any other law; (s) perform any other function that may directly or indirectly contribute to the attainment of the foregoing. :

,

National Spor~s Trust Fund
Establishment of the Fund.

5. (1) There is established a Fund to be known as the National Sports Trust.Fund. (2) The Fund is a body corporate with perpetual succession and a common seal and shan, in its corporate name, be capable of-

ia p

(a) (b)

suing and being sued; taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate.

(c)

Board of the Fund.

6. (l)The Fund shall vest in a Board consisting of(a) a chairperson, who shall be a person knowledgeable in finance, commerce or sports, appointed by the President; the Permanent Secretary in the Ministry for the time being responsible for sports;
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(b)

TheSports Bill, 2010

(c)

the Permanent Secretary in the Ministry for the time being responsible for finance; the Attorney-General; the Secretary; one person nominated by each of the following bodies, and appointed by the Minister(i)

(d) (e) (f)

the Kenya National Sports Council; the National Olympic Committee of Kenya;

(U)

(g)

three other persons appointed by the Minister, taking into consideration gender balance; a Chief Executive Officer appointed under section le.

(h)

(2) The members of the Board under subsection (1) (b) - (d) may attend in person or designate a representative to attend on their behalf. (3) Any member of the Board, other than an ex officio member shall, subject to the provisions of this Act, hold office for a period not exceeding three years, on such terms as may be specified in the instrument of the member's appointment, but shan be eligible for re- . appointment for a final term of three years. (4) Appointment to the Board shan be by notice in the Gazette. (5) A member of the Board, other than an ex officio
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The Sports Bill, 2010

member, may(a) (b) at any time resign from office by notice in writing to the Minister; be removed from office by the Minister if the member(i) is elected as a member of the National Assembly or councillor in a local authority; has been absent from three consecutive meetings of the Board without the permission of the chairperson; is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; is convicted of fraud, forgery, uttering a forged document, or for any offence under the Anti-Corruption and Economic Crimes Act,
2003; (v)

(ii)

»
(iii)

(iv)

No. 3 of 2003

is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or toa fine exceeding ten thousand shillings; is incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to

(vi)

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The Sports Bill, 2010 discharge his duties as a member of the Board; or (vii) fails to comply with the provisions of this Act relating to disclosure.

(6) A person shall not be appointed as a member of the Board. (a) if such person, whether personally or through a spouse or life partner, immediate family member, business partner or associate->
(i)

has or obtains a direct or indirect financial interest in any lottery or gambling or associated activity, or if that person has had any such interest during the period of three years immediately prior to the envisaged date of appointment as member of the Board;· has or obtains any interest in a business or enterprise that may conflict or interfere with the proper performance of that person's functions as a member of the Board; or

(ii)

(b)

if such person is or becomes a holder of a political office; if such person is declared bankrupt or commits an act of bankruptcy; if such person has at any time been, or is, removed from an office of
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(c) (d)

The Sports Bill, 2010

trust on account of misconduct; or (e) if such person hasat any time been, or is, convicted, whether in Kenya or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, an offence under the AntiCorruption and Economic Crimes Act, '2003 or an offence involving dishonesty,

No. 3 of 2003

(7) A person who has been nominated for appointment to the Board shall submit to the Minister a written statement in which the person declares whether or not the person has any interest specified in subsection (6) (a). . (8) If a member Of the Board acquires or contemplates acquiring an interest which could possibly be an interest specified in subsection (6) (a), the member shall forthwith disclose that fact in writing to both the Minister and the Chairperson of the Board, which, at its following meeting, shall consider whether such an interest constitutes or may constitute a contravention of subsection (6) (a), and if it is considered not to be a contravention, whether such acquisition or contemplated acquisition is likely to compromise the impartiality of such member. (9) The Board shall notify the Minister in writing of its decision or recommendation of the matters specified in subsection (8). (10) The Minister shan, after consideration of the Board's decision or recommendation, inform the member concerned if the acquisition or contemplated acquisition constitutes an interest specified in subsection (6) (a) or is likely to compromise the impartiality of the' member, whereupon that member shall forthwith divest of that interest, failing which the appointment of such member shall be revoked.

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The Sports Bill, 2010
Conduct of business of Board. Functions ofthe Board.

7. The business and affairs of the Board shall be conducted in accordance with the First Schedule. 8. The functions of the Board shall be to(a) (b) administer the Fund and hold it in trust; raise and disburse funds for the development of sports and recreation; make recommendations on financial grants to __ !!~!!(?_~~! ~,,~p~~ organiza!!sms.; __ ..
',. -.,~.-.,-~,.'-,.'"~.".-' .,.-

(c)

(d)

ensure that(i) the national sports lottery is conducted with due propriety and in accordance with the law and the license under which it is conducted; the interests of every participant in the national sports lottery are adequately protected; and subject to subparagraphs (i) and (ii), the net proceeds of the national sports lottery are maximised;

(ii)

(iii)

(e)

advise the Minister on the establishment and implementation of a social responsibility programme in respect of the national sports lottery; administer and invest the money
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(f)

The Sports Bill, 2010 paid to the Fund; (g) advise the Minister on any matter relating to the national sports lottery or any other matter on which the Minister may require advice; makeisuch arrangements as may be specified in the license under which the national sports lottery is conducted for the protection of prize moneys and sums for distribution; perform such additional functions in respect of the national sports lottery as the Minister may assign.

(h)

(i)

Powers of the
Board.

9. (1) The Board shall have all the powers necessary for the proper performance of its functions under this Act and, in particular but without prejudice to the generality of the foregoing, the .Board shall have power
to--

(a) (b)

enter into contracts; manage, control and administer the assets of the Fund in such manner and for such purposes as best promote the purpose for which the Fund is established; receive any gifts, grants, donations or endowments made to the Fund or any other moneys in respect of the Fund and make disbursements therefrom in accordance with the provisions of this Act; enter into association with such other bodies or organizations within or outside Kenya as it may consider
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(c)

(d)

The Sports Bill, 2010

desirable or appropriate and in furtherance of the purposes for which it is established; and (e) open a banking account or banking accounts for the funds of the Fund into which all moneys received on account of the Fund shall be paid in the first instance and out of which all payments made out of the account of the Fund shall be made.

(2) The Board may, when it considers it necessary or desirable, create or take part in the creation of or otherwise become .a member of, or associated with, corporations or other bodies or associations designed to assist or promote sporting programmes and activities. (3) The Board may authorize a member or an employee to exercise on its behalf such of its powers as it may from time to time specify, but the exercise of such powers shall, to the extent required by the Board, be reported within the specified time to a meeting of the Board.
Remuneration of members of the Board.

10. The members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Minister and the Treasury on the recommendation of the Board. 11. (1) The common seal of the Fund shall be kept in the custody of the Chief Executive Officer 'or of such other person as the Board may direct, and shall not be used except upon the order of the Board. (2) The common seal of the Fund, when affixed to a.document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been given.

Common seal of
the Fund.

17

The Sports Bill, 2010 (3) The common seal of the Fund shall be authenticated by the signature of the chairperson of the Board and the Chief Executive Officer:

Provided that the Board shall, in the absence of either the chairperson or the Chief Executive Officer, in any particular matter, nominate (me member of the Board to authenticate the seal of the Fund on behalf of either the chairperson or the Chief'Exeoutive Officer.
Protection of Fund from liability.

12. (1) Liability shall not attach to the Fund, or to any of its staff, or to a member of the Board for loss or damage sustained by any person as a result of any act or omission done or made in good faith and without negligence in the performance or exercise or the intended performance or exercise of any duty or power imposed or conferred by or under this Act.
(2) Any expenses incurred by any person in any suitor prosecution brought against him in any court in respect of any act which is done or purported to be done by him under the direction of the Board shall, if the court holds that such act was done in good faith, be paid out of the general funds of the Fund, unless such expenses are recovered by him in such suit or prosecution.

Liability of Fund for damages.

13. The provisions of section 12 shall not relieve the Fund of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or by any other written law or by the failure, whether wholly or partially, of any works .. 14. The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any officer, member of staff or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Delegation by the Board.

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The Sports Bill, 2010
Consultation by the Board.

15. (1) The Board may, in order to perform its functions effectively, consult any person, organization or institution with regard to any matter it deems necessary. (2) The Board may invite any person to attend any of its meetings and to participate in its deliberations but such a person shall not have a vote in any decision of the Board.

ChlefExecutive Officer of the Fund.

16. (1) There shall be JChief Executive Officer of the Fund who shall be appointed by the Minister in consultation with the Board. (2) The Chief Executive Officer shall hold office for such period and on such terms and conditions of employment as the Board may determine. (3) The Chief Executive Officer shall be a member of the Board and shall have theright to vote at a meeting of the Board. (4) The Chief Executive Officer shall, subject to the direction of the Board, be responsible for the day to day management of the Fund.

Functions of the Chief Executive Officer.

17.(1) The Chief Executive Officer shall, in consultation with the Board, be responsible for the management of the affairs and transactions of the Fund, and the exercise, discharge and performance of the objectives, functions and duties of the Board. (2) The Chief Executive Officer shall(a) ensure the maintenance of efficiency and discipline by all staff of the Fund; manage the budget of the Fund to ensure that its funds are properly expended and accounted for; and perform such other duties as the
19.

(b)

(c)

The Sports Bill, 2010

Board may, from time to time, assign.
Staff of the Fund.

18. The Board may employ such staff of the Fund as may be necessary for the proper and efficient discharge of the functions of the Board under this Act, upon such terms and conditions of service as the-Board may determine. Kenya National Sports Institute

Establishment of the Institute.

19. (1) There is established an Institute to be known as the Kenya National Sports Institute. (2) The Institute is a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of(a) (b) . suing and being sued; taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate.

(c)

Management of the Institute.

20. (1) The management of the Institute shall vest in a Council consisting of(a)

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

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The Sports Bill, 2010

(b)

the Permanent Secretary in the Ministry for the time being responsible for sports; the Permanent Secretary in the Ministry for the time being responsible for finance; the Permanent Secretary in the Ministry for the time being responsible for higher education; the Attorney-General; the Secretary; and three other persons appointed by the Minister.

(c)

(d)

(e)

ef)
(g)

(2) The members of the Council under subsection (1) (b) - (e) may attend in person or designate a representative to attend on their behalf. (3) Any member of the Council, other than an exofficio member shall, subject to the provisions of this Act, hold office for a period not exceeding three years, on such terms as may be specified in the instrument of the member's appointment, but shall be eligible for reappointment to a further and final term of three years. (4) Appointment to the Council shall be by name and notice in the Gazette. (5) A member of the Council, other than an exofficio member, may(a) (b) at any time resign from office by notice in writing to the Minister; be removed from office by the Minister if the member21

The Sports Bill, 2010

(i)

has been absent from three consecutive meetings of the Board without the permission of the chairperson; ~s adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; is convicted of fraud, forgery, uttering a forged document, or for any offence under the Anti-Corruption and Economic Crimes Act, 2003; 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 is incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the Board.

(ii)

(iii)

No.30f2003.

(iv)

(v)

Functions of the Institute.

21. The functions of the Institute shall be to-(a) organise, administer and co-ordinate sports courses for technical and sports administration personnel; promote research and development of talent in sports, in collaboration with institutions of higher learning,
22

(b)

The Sports Bill, 2010

national sports organisations other stakeholders;
(0)

and

collect, collate, store and disseminate tangible and intangible historical sports material to the public, sports organisations, .researchers and institutions of learning; receive and analyse data on training requirements from sports organisations; link with other institutions and organisations for regular updates on the current sports trends; perform any other function that may directly or indirectly contribute to the attainment of the foregoing.

(d)

(e)

(f)

Institute to charge or impose fees.

22. The Institute may charge or impose .such reasonable fee in respect of(a) (b) (c) access to, or use of, any of its resources or facilities; the provision by it of programmes, services, information or advice; the admission of persons .to events or activities.

Provisions to apply to Institute.

23. The provisions of sections 9,10,11,12,13,14, 32, 33, 34 and the Third Schedule shall apply mutatis mutandis to the Institute and the Council.

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The Sports Bill, 2010 PART HI-SECRETARY
Office of the Secretary of Sports.

OF SPORTS

24. (1) There shall be a Secretary of Sports who shall be appointed by the Public Service Commission on such terms and conditions of service as the Commission may determine. (2) The Secretary shall be responsible for providing policy guidelines on sports andjrecreational activities. (3) A person shall not be appointed as a Secretary unless such person is(a) knowledgeable in sports, commerce, finance or related disciplines; knowledgeable in project planning, development and implementation; conversant with government policies on sports, recreation and related matters.

(b)

(c)

(4) The Secretary shall be an ex-officio member in all national sports organizations.

PART IV- NATIONAL SPORTS ORGANIZATIONS
Registration.

25. (1) Abody shall not operate as a national sports organization unless it is registered under this Act. (2) An application sports organization shall(a) (b) for registration of a national

be submitted to the Secretary; and be in the prescribed specify(i)
24

form and shall

the

office-bearers

of

the

The Sports Bill, 2010

applicant; (ii) (iii) (iv) (v) the head office and postal address of the applicant; sources of funding of the applicant; national and international affiliation, if any; such other information as the Secretary may prescribe.

(3) An application for registration under this section shall be accompanied by(a)

a certified copy of the constitution of the applicant; and such fees as < the Minister may prescribe.

(b)

(4) A constitution submitted under subsection (3) shall contain, as a basic minimum, the provisions set out in the Second Schedule.
Certificate of registration.

26. (1) A national sports organization registered under this Act shall be issued with a certificate of registration in the prescribed form. (2) Only one national sports organization shall be registered to run anyone sports discipline: Provided that the Minister may, in consultation with the Secretary, allow more than one national sports ,organization to run one sports discipline. (3) All national sports organisations registered under this Act shall be open to the public in their leadership, activity and membership.
25

The Sports Bill, 2010

(4) 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 may contain such terms and conditions as the Secretary may prescribe.

(b)
Rejection of application:

27. The Secretary may reject an application for registration of a body as a national sports organization if the Secretary 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, and shall notify the body in writing of the rejection of its application for registration within fourteen days from the date of such rejection.

Cancellation of certificate.

28.(1) The Secretary may cancel a certificate of registration issued to a national sports organization under this Part if the Secretary is satisfied that(a) the registration was procured on the basis of misrepresentation or nondisclosure of material facts; the terms or conditions attached to the certificate of registration have been violated; or the national sports organization has breached this Act or any other law.

(b)

(c)

26

'"...

The Sports Bill, 2010

(2) The Secretary shall notify a national sports organization in writing of the cancellation of its certificate of registration within fourteen days from the date of such cancellation. PART V-REGULATION OF SPORTS ORGANISATIONS
Inspection of sports organizations

29. (1) The Secretary may, at any time, and shall, if so directed by the Minister, cause an inspection to be made by any person authorized by him in writing, of any sports organization, branch, sub-branch, organ, or any person associated with any sports organisation, and of its or his books, accounts and records. (2) When an inspection is made under subsection (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, organ or person, and such correspondence, statements and information relating to the sports organization, 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. (3) Any failure to produce any books, accounts, records, document, correspondence, statements, returns or other information within the period specified in the direction under subsection (2) constitutes a contravention of the provisions of this 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, sub27

J

\

The Sports Bill, 2010 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; land all information obtained in the course of the inspection shall be treated as confidential and used solely for the purposes of this Act.

(c)

(4) The person making the inspection shall submit his report to the Secretary, and the report shall draw attention to any breach or non-compliance with the requirements of this Act and any regulations made thereunder, any irregularity in the manner of conduct of the affairs of the sports organization, branch, sub-branch, organ or person, or any apparent mismanaging or lack of management skills in that sports organization, branch, subbranch, organ or person, and any other matter revealed or discovered in the course of the inspection warranting, in the opinion of the person making the inspection, remedial action or further investigation.
Directions to sports organisation inspected.

30. The Secretary may, by notice in writing, and after giving the sports organization, branch, sub-branch, organ or person, a reasonable opportunity of being heard, require the inspected sports organization, branch, subbranch, organ or person to comply by such date or within such period as may be specified therein, with such directions as he considers necessary in connection with any matter arising out of a report made under section 26. 31. (1) The Minister may-

Intervention by Minister in management.

28

The Sports Bill, 2010

(a)

appoint any person or committee to assume the management, control and conduct of the affairs of a sports organization, to exercise all the powers and functions of the sports organization to the exclusion of its officials, including the use of its corporate seal, where the sports organisation concerned has been unable to conduct its affairs' in a proper manner; remove any official of a sports organization who, in the opinion of the Minister, has caused or contributed to any contravention of any provisions of this Act, or any regulations or directions made thereunder or to any deterioration in the financialstability of the sports organization or has conducted himself in a manner which is detrimental to the interests 'of the relevant sporting discipline, or which has brought the sporting discipline into disrepute.

(b)

(2) The appointment of a person or committee under this section shall be for such period as the Minister shall specify in his instrument of appointment, but shall not exceed six months. . (3) 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.

29

The Sports Bill, 2010

PART VI-FINANCIAL
Funds and assets ofthe Fund.

PROVISIONS

32. The funds and assets of the Fund shall comprise(a)

such moneys as may be appropriated by Parliament for the purposes of the FUnd; such moneys or assets as may accrue to or vest in the Fund in the course of the exercise of its powers or the performance of its functions under this Act or under any other written law; such gifts as may be given to the Fund; and

(b)

(c)

(d)

an moneys from any other source provided, donated or lent to the Fund.

Annual estimates.

33.(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Fund for that financial year. (2) The annual estimates shall make provision for all estimated expenditure of the Fund for the financial year and in particular, shall provide for(a) the payment of salaries, allowances and other charges in respect of the officers, agents or members of staff of the Fund; the payment of pensions, gratuities and other charges in respect of
30

(b)

The Sports Bill, 2010 retirement benefits payable to the members of staff of the Fund;

(c)

(d)

the proper maintenance, repair and replacement of the equipment and other movable property of the Fund; and , 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 Fund may deem appropriate.

(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, shall be submitted to the Minister, and the Minister for the time being responsible for finance, for approval and, after approval has been granted, the Board shall not increase the annual estimates without the consent of the Minister and the Minister for the time being responsible for finance. (4) No expenditure shall be incurred for the purposes of the Fund except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorisation of the Fund given with prior written approval of the Minister, and the Minister for the time being responsible for finance.
Accounts and audit.

34. (1) The Board shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities of the Fund. (2) The Minister for the time being responsible for finance may prescribe the form of any book required to be kept under subsection (1) and unless a form has been prescribed, a form suitable for the purpose shall be used.

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The Sports Bill, 2010

(3) Within a period of three months after the end of each financial year, the Board shall submit to the Controller and Auditor-General the accounts of the Fund in respect of that year together with(a) a statement of the income and expenditure of the Fund during that financial year; and
"

(b)

a statement of the assets and liabilities of the Fund on the last day of that financial year.

No. 12 of2003.

(4) The accounts of the Fund shall be audited and reported upon by the Controller and Auditor-General in accordance with the provisions of the Public Audit Act, 2003. PART VII-MISCELLANEOUS

Arbitration in sports disputes.

35. (1) Any dispute arising in any sports discipline shall be referred to arbitration and determined by an arbitrator appointed in accordance with the Third Schedule. (2) Where a matter is referred to an arbitrator in accordance with subsection (1), the provisions of the Arbitration Act, 1995 shall apply mutatis mutandis. 36. A person who contravenes any of the provisions of this Act commits an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings, or imprisonment for a term not exceeding three years, or both. '37. The Minister may make regulations(a) prescribing anything that may be prescribed under this Act;

No.4 of 1995. Offences and penalties.

Regulations.

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The Sports Bill, 2010

(b)

generally for the better carrying into effect the provisions of this Act.

FIRST SCHEDULE

(s.7,23)

PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BpARD
Meetings of the Board.

1. (1) The Board shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting. (2) The first meeting of the Board shall be held on such date and at such time and place as the Minister may determine.

Proceedings of meetings of the Board.

2. (1) The proceedings at a meeting of the Board shall be determined by the chairperson in consultation with the Chief Executive Officer, and any decision in this regard shall be taken after due consideration of the principles of openness and transparency. (2) The chairperson shan preside at every meeting of the Board at which he is present but, in his absence, the members present shall elect one of their numbers to . preside, who shall, with respect to that meeting and the business transacted thereat, have all the powers of the chairperson.

Quorum.

3. The quorum for a meeting of the Board shall be the chairperson, or a person presiding at the meeting, and three other members of the Board. 4. A decision of the Board shall be taken by a vote of the majority of the members present, and in the case of equality of votes, the chairperson or the person presiding shall have a casting vote.

Majority decision.

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The Sports Bill, 2010

SECOND SCHEDULE PROVISIONS AS TO THE CONSTITUTIONS NATIONAL SPORTS ORGANISATIONS

(s.25(4» OF

The constitution of a.body seeking registration a national sports organisation' shall provide that, (a)

as

elections of officials at the national, branch and sub-branch levels shall be done directly by members; only Kenyan citizens shall qualify for election as chairperson, secretary or treasurer of a body at the national level; the elections contemplated in paragraph (a) above shall be held every four years, and persons elected as officials thereof shall consequently hold office for four years, but shall be eligible for reelection for a further and final term of four years; the principle of gender balance shall be observed in the election of officials contemplated in paragraph (a).

(b)

(c)

(d)

THIRD SCHEDULE PROVISIONS ON ARBITRATION DISPUTES

(5. 35) IN SPORTS

Determination of arbitrators.

1. (1) Parties to a dispute may, by an agreement, determine the number of arbitrators to arbitrate in a dispute failing which only one arbitrator shall arbitrate in
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The Sports Bill, 2010

the dispute. (2) Where an arbitration agreement provides that the reference shall be on two arbitrators, then, unless a contrary intention is expressed in the agreement, the agreement shall be deemed to include a provision that the two arbitrators shall appoint a third arbitrator immediately after they are themselves apPpinted.
Appointment of arbitrators.

2. (1) No person shJUbe excluded by reason of that person's nationality from acting as an arbitrator, unless otherwise agreed by the parties. (2) The parties shall agree on the procedure for appointing an arbitrator and any chairman of the arbitration panel and failing such agreement(a) in an arbitration with three arbitrators, each party shall appoint one arbitrator and the two arbitrators so appointed shall appoint the third arbitrator; in an arbitration with two arbitrators, each party shall appoint one arbitrator; in an arbitration with one arbitrator, the parties shall agree on the arbitrator to be appointed.

(b)

(c)

(3) Unless the parties otherwise agree, where each of two parties to an arbitration agreement is to appoint an arbitrator, and one party-

(a) (b)

has indicated that he is unwilling to do so; fails to do so within the time allowed under the arbitration agreement; or
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The Sports Bill, 2010

(c)

where the arbitration agreement does not limit the time within which an arbitrator must be appointed by a party, fails to do so wit~in fourteen days,

the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as the sole arbitrator. (4) If the party in default does not, within fourteen days after notice under sub-paragraph (3) has been given(a) (b) make the required appointment; and notify the other party that he has done so,

the other party may appoint his arbitrator as the sale. arbitrator, and the award of that arbitrator shall be binding on both parties as if he had been so appointed on agreement by the two parties. (5) Where a sale arbitrator has been appointed under sub-paragraph (4), the party in default may, upon notice to the other party, apply to the High Court within fourteen days to have the appointment set aside. (6) The high Court may grant an pplication under sub-paragraph (5) only if it is satisfied that there was good cause for the failure or refusal of the party in default to appoint his arbitrator in due time. (7) The High Court may, if it grants an application under sub-paragraph (5), by consent of the parties or on application of either party, appoint a sole arbitrator.

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The Sports Bill, 2010

(8) Where an arbitration agreement provides that reference shall be to one arbitrator, and the parties fail to agree on the arbitrator to be appointed(a) (b) within the time allowed by the arbitration agreement; within: a reasonable time, where the arbitration agreement does not limit the time; or where a third party, including an institution, duly entrusted to make an appointment fails to do so within a reasonable time,

(c)

the appointment shall be made, upon application of a party, by the High Court. (9) The High Court, in appointing an arbitrator, shall have due regard to any qualifications required of an arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator. (10) The decision of the High Court in respect of any matter under this paragraph shall be final and not subject to appeal.
Grounds for
challenge.

3. (1) Where a person is approached in connection with his possible appointment as an arbitrator, such person shall disclose any circumstance likely to give rise to justifiable doubts as to the person's impartiality or independence. (2) From the time of his appointment and throughout the arbitral proceedings, an arbitrator shan, without any delay, disclose any such circumstances to the parties unless the parties have already been informed of them by him.

37

Bill, 2010 (3) An arbitrator may be challenged only if(a) circumstances exist that give rise to justifiable doubt as' to his impartiality and independence; he does not possess qualifications agreed to QYthe parties; or he is physically or mentally incapable!. of conducting the proceedings, or there are justifiable doubts as to his capacity to do so.

(b) (c)

(4) A party may challenge an arbitrator appointed by him, or in whose appointment that party has participated, only for reasons for which he becomes aware after the appointment.
Finality of decision.

4. The decision of an arbitrator shall be final.

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