The Sports (Amendment) (No. 2) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
County Sports Academies Mandated in Every County
Under the new Section 38A, each of Kenya's counties is required to establish and maintain at least one county sports academy to identify and nurture grassroots talent. These academies must design and implement diverse sports programmes that cater to persons with disabilities, different age groups, and genders.
New Management Structure for County Academies
Sections 38C and 38H establish county academy management committees and require the competitive recruitment of academy managers. Committee members serve three-year terms (eligible for reappointment for one further term) and must meet specific qualifications under Chapter Six of the Constitution and hold university degrees.
Seventeen-Year Age Limit on Professional Contracts
Section 54C invalidates any sports contract involving a minor unless signed by a parent or guardian. For professional sports contracts specifically, the minor must have attained the age of 17 years, and parents must be informed in writing of their right to obtain independent legal advice prior to signing.
Strict Regulation of Minor Representation and Transfers
Section 54D restricts minor representation to accredited agents with no convictions for human trafficking, sexual offences, or fraud. Agents are barred from charging fees except when representing a minor signing their first professional sports contract. International transfers must comply with national immigration laws and be endorsed by the relevant national sports organisation under Section 54E.
Bill No.
Senate Bills No. 45
Gazette No.
Supplement No. 167 of 2024
Sponsors
Tom Ojienda, Raphael Chimera Mwinzangu
Background
The Sports (Amendment) (No. 2) Bill, 2024 seeks to amend the Sports Act (Cap. 223) to decentralise sports talent development and establish a regulatory framework for protecting minors in sports. Currently, sports facilities and coaching services are heavily concentrated around large cities, limiting grassroots talent identification. The Bill also seeks to address physical, emotional, and financial abuse of minors in the sports sector.
Key Amendments
- County Sports Academies (Part IVA): Inserts Section 38A, requiring every county government to establish and maintain at least one county sports academy to identify talent, offer specialised coaching, and collaborate with the national sports academy.
- Protection of Minors (Part VIA): Inserts Sections 54A to 54F, establishing child protection, education, and contract rules for minors in sports.
- Children Act (Cap. 141) Integration: Integrates the definition of 'child abuse' from Section 2 of the Children Act to govern sports institutions.
New Obligations
- Sports Institutions: Must implement physical and emotional well-being measures for minors, perform background checks on coaches and staff, and set clear procedures for reporting child abuse (Section 54A).
- Sports Programmes: Must guarantee minors access to basic education alongside sports training, and maintain optimum living standards in residential setups (Section 54B).
- Contracts and Legal Advice: Parents or guardians must sign contracts involving minors and must be informed in writing of their right to seek independent legal advice (Section 54C).
- Agents representing minors: Must be accredited by national or international sports associations and are prohibited from collecting agency fees unless representing a minor signing their first professional contract (Section 54D).
- International Transfers: Must be endorsed by the national sports organisation in charge of that sport in Kenya and comply with national immigration laws and migration conventions (Section 54E).
Penalties
- Disqualification of Agents: Individuals convicted of human trafficking, sexual offences, or fraud, or who have had their accreditation withdrawn due to these offences, are disqualified from representing minors (Section 54D(2)).
- Contract Invalidation: Contracts involving minors are legally invalid if they lack parent/guardian signatures or if the minor is under 17 years old for a professional sports contract (Section 54C(1)).
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