Kenyan athletes have been urged to seek legal counsel before signing contracts with their managers’ majority of whom are foreigners to help them understand the contents of the contracts.
Lawyer Samwel Momanyi advised the upcoming athletes who cannot afford lawyers to seek help from National Legal Aid Services and other pro bono lawyers who offered their services for free.
He was speaking during a legal support clinic for athletes, coaches and managers of training camps organized by the Centre for Enhancing Democracy and Good Governance (CEDGG) with support from UNFPA Kenya.
The lawyer said there were many clauses that the athletes may not understand without the help of a lawyer especially after it emerged that since most of the managers were from foreign countries, the athletes signed contracts written in foreign languages and under foreign labour laws.
Momanyi called on the athletes to ensure that the contracts are governed under Kenyan law saying it was difficult to enforce a contract which is under a foreign law adding that a contract must have a termination as well as an exit clause.
He noted that some athletes do not even sign any contract and depend on word of mouth saying gentlemen agreements could not be admissible in law calling them to ensure that they document everything and keep copies of any agreement.
“You must also ensure that the contract clearly stipulates the percentage that the manager, the coach and you as the athlete will get,” he said.
During the meeting, the Chair, Athletes Sacco Richard Kanda regretted that most athletes only saw the figure indicated on the contract and sign without knowing the contents of the contract only to realise later that they were being exploited.
Kanda advised athletes to ensure that they are registered with Athletics Kenya and also ensure that whenever they are flying out for any race, AK is aware as that was the only way that AK could come in and fight for them in case of any breach of the contract.
Athletes narrated how they were flown to countries abroad and promised to be provided accommodation in hotels only to be accommodated in the manager’s houses where they do not access the right meals which in turn affected their running.
By Alice Wanjiru
