Nairobi: Kenyan athletes have been encouraged to seek legal counsel before signing contracts with their managers, most of whom are foreigners, to ensure a clear understanding of the contract terms.
According to Kenya News Agency, Lawyer Samwel Momanyi advised upcoming athletes who cannot afford legal services to reach out to National Legal Aid Services and pro bono lawyers. These resources provide free legal support, which is crucial for athletes to comprehend the complex clauses often present in contracts, especially those written in foreign languages and under foreign labor laws.
During a legal support clinic organized by the Centre for Enhancing Democracy and Good Governance (CEDGG) with assistance from UNFPA Kenya, Momanyi emphasized the importance of contracts being governed under Kenyan law. He explained that enforcing contracts under foreign law can be challenging and highlighted the necessity for contracts to include termination and exit clauses.
Momanyi further pointed out that some athletes rely on verbal agreements, which are not legally binding, and urged them to document and keep copies of all agreements. He stressed the importance of clearly defining the percentage shares for managers, coaches, and athletes within the contracts.
Richard Kanda, Chair of the Athletes Sacco, expressed concern that many athletes sign contracts based solely on the figures presented, without understanding the full content, leading to potential exploitation. He advised athletes to register with Athletics Kenya (AK) and ensure AK is informed whenever they travel for races, as AK can provide support in case of contract breaches.
Athletes shared experiences of being promised hotel accommodations abroad, only to find themselves staying at managers' homes, impacting their access to proper nutrition and, consequently, their performance.