Sportspersons in Kenya will gain control over the commercial use of their names, images and likenesses if Parliament approves a proposed law aimed at unlocking financial opportunities in the industry.
Analysts at law firm Bowmans say the Sports Bill, 2026, currently before the National Assembly, strengthens sportspersons’ rights by granting explicit commercial control over the use of their images in contracts and sponsorship deals.
‘Section 95 of the Bill introduces a substantive legal development by conferring on every sports person the right to control the commercial use of their name, image and likeness, and by prohibiting unauthorised exploitation without consent,’ the analysts said.
‘This provision does not merely restate existing practice; it creates a statutory right where none previously existed. In effect, it shifts the treatment of athlete image rights from a matter of private contractual arrangement to one of statutory recognition, with implications for enforceability, licensing and dispute resolution,’ they added.
Legal shift
Kenyan law currently does not recognise a standalone right over a sportsperson’s image. As a result, commercial use of names, likenesses or reputation has been protected indirectly through contract, trademark and copyright law, as well as the tort of passing off.
‘While functional, this approach has resulted in fragmented protection and uncertainty, particularly where athletes, clubs and federations assert competing or overlapping interests,’ the Bowmans team said in a note.
Kenyan sportspersons are globally recognised in disciplines such as athletics and rugby. A stronger push to commercialise their rights could improve financial outcomes, in line with global trends where sport is increasingly structured to generate revenue for sponsors and team owners.
The analysts said the Sports Bill, 2026, is likely to reshape sponsorship deals and media rights in the country.
‘The legal consequences are material. Endorsement and sponsorship arrangements will need to be structured with reference to a defined right, rather than inferred consent. Questions relating to ownership, control and permitted use, often a source of dispute, are likely to be assessed against a statutory standard,’ they said.
‘This is likely to affect how athlete agreements, sponsorship deals and media rights arrangements are negotiated and enforced,’ they added.
Commercial push
Section 96 of the Sports Bill, 2026, promotes the commercialisation of sport, including media rights, merchandising, event hosting and athlete branding.
‘While framed in broad terms, it signals a legislative intention to recognise sport as an economic sector in which rights can be systematically exploited,’ Bowmans said.
Section 97 provides the institutional framework to support this commercialisation. It requires commercial sports organisations to operate through recognised legal structures and obtain accreditation, while allowing the use of subsidiaries, special purpose vehicles and joint ventures to exploit commercial rights.
‘This creates a clearer legal basis for structuring ownership and licensing arrangements, including those relating to intellectual property,’ the analysts said.