On 16th May 2020, Mombasa based lawyer Mr. Allan Mola Owinyi was appointed to the Sports Disputes Tribunal for a five year term alongside John Ohaga (Chairman), Peter Ochieng Achieng, Mary Nyokabi Kimani, Jane Njeri Onyango, Gichuru Kiplagat and Elynah Shiveka. Mola is the only first timer, as the rest are serving secondary terms on the Tribunal.
Allan Mola Owinyi is an advocate of the High Court of Kenya with over 13 years post admission experience. He is a second generation lawyer, following in the footsteps of his father, Elly Kefa Owinyi, the founder of E.K. Owinyi & Company Advocates. Mola is currently the lead Partner and advocate at the said firm, managing the firm’s offices in both Kakamega and Mombasa.
Allan studied law at the Moi University, graduating in 2003. He was admitted to the bar in the year 2005. He obtained a Master of Laws in Commercial Law from the University of Cape Town in the year 2007. He had enrolled for a Masters in Sports Law at the University but the program was suspended due to lack of quorum, forcing the students to be readmitted to alternative courses. He did eventually realise his dream in attaining a Global Executive Master in International Sports Law in Madrid at the Higher Institute of Law and Economics (ISDE).
His debut to the Mombasa Law Society Bar came when Allan was posted by the Ethics and Anti Corruption Commission to serve as an Attorney in the Civil Litigation and Asset Recovery department in their Mombasa office between 2011 and 2014 as an Attorney in the. Finding the legal terrain favourabe and eager to curve out his own niche, Allan set up the Mombasa Branch of E. K. Owinyi Advocates in the 2014 after his contribution to the fight against the corruption pandemic in the country.
He is also the Managing Director of Tirana Consultancy, a boutique consultancy firm specialising in sports law. The Consultancy’s areas of focus include advising, capacity building, contracting, legal representation and management of athletes, sports bodies, media, corporates, county and national governments on all matters sports.
The Coast Jurist caught up with Mola and sought to know a little more about what makes this Sports Lawyer tick:
QUESTION: What would you say is the state of Sports in Kenya and how can the law be an instrument of positive social change in this area?
ANSWER: Generally speaking, sports is highly appreciated by those who take part in it as players, both at amateur and professional levels. Am not sure I can say the same for those in the business of sports management. Kenya is at serious reputational risk in the sports sector compromised by corruption and gross mismanagement. We seriously need to embrace the role that sports plays in the country and the benefit that can come out of it by investing in proper facilities, proper developmental structures related to the industry including management, in clear appreciation of sports as “professional”. Currently the state has been faced with the covid 19 pandemic, and many stake holders in the industry have been caught off-guard. It’s an opportunity for us to go back to the drawing board and start on a fresh footing to improve the welfare of Sports in the country.
It is not news that there have been wrangles in management of the different sporting federations in the country, our general focus should be in professionalizing management of sports in the country, for the wellbeing of players, clubs and the development of sports in Kenya.
We must understand the place of sports law and appreciate the role that sports plays in society. Sports is a multi-billion industry, and there is a range of services required to be performed by lawyers in the field of sports to ensure the business is run seamlessly. We also need to recognize therefore that sports as a substantive area of law, and sports as a field is imbued with broader implications to society and the development agenda for this country.
The legal sector can play a major role of bringing social change by ensuring that there are clearly laid down rules and procedures that should be adhered and in the event that some of them are broken then sanctions should be in place and they should be taken up seriously.
QUESTION: What is the potential/ opportunity for sports law in Kenya
ANSWER: In 2018, the global sports market was valued at approximately 488 billion dollars and is expected to surpass the 600 billion mark in 2022. With all that at stake, the sports industry need a properly working system of checks and balances to ensure fans, players and clubs alike get the best deals and are not exploited. Kenya should not be an exception!!!
Sports lawyers represent the legal interests of their clients, which can include individual players, athletes, coaching staff, and even entire teams. It’s their job to take care of the stuff that happens off the pitch, ensuring their clients can remain 100% focused on their performances. After all, top-level sport is a high-pressure environment where the smallest margins can make a huge difference.
Keeping your eyes on the prize is a crucial part of sporting success. That’s why sporting lawyers help secure and negotiate contracts, facilitate sponsorship deals, resolve labor disputes, and fight their client’s corners when it comes to any internal issues with their clubs. They will even defend their clients in court against criminal charges, as well as in lawsuits for breach of contract, harassment, or any other issues. Moreover, they often act as a spokesperson, shielding sports stars from the relentless gaze of the modern media machine.
It is a niche that can be cultivated in Kenya. The sports industry is vibrant, not many lawyers have ventured in this field so most of the time you will find sportsmen seeking legal representation from lawyers not necessarily trained in Sports law.
QUESTION: What advise would you give a newly admitted advocate?
ANSWER: They should uphold integrity at all times, they should always be diligent, work hard, to always be smart and seize opportunities where possible that would help shape their career.
Most of all I would say follow what gives you bliss. For me, the clarity of mind when dealing with professional work that gives me bliss and not just happiness, is really unmatched. Work then becomes a labour of love as opposed to being laborious, and offers spiritual reaffirming.
QUESTION: What is the biggest misconception about the law practice that you have ever had and now know better.
ANSWER: That it is a place to make money and that lawyers intentionally take advantage of clients by charging exorbitant fees – Lawyers contribute hours upon hours of energy, research, and time into a case. Most lawyers work every single day of the week. The fees lawyers charge vary depending on the nature of the work being undertaken. While the cheapest isn’t always best, you can, of course, meet with multiple lawyers and discuss pricing before making a decision. There are more expensive and less expensive lawyers, and it’s up to you to decide what you need.
QUESTION: Do you think lawyers have a role in shaping society, and how can they do that?
ANSWER: Lawyers have a proper place and function in society. Lawyers are the basic custodians of the law in every society. Law and order are the backbone of any society.
Chief Justice Edward G. Ryan of the Wisconsin Supreme Court in1873, described the function of the legal profession in a government of law, as follows: “..society has instituted and set apart a body of men, trained to the knowledge and practice of the law; learned in its principles and processes, to interpret the law to society, to guide the business of society under the law, to protect the legal rights of society and its members, to look to the intelligent and faithful course of judicial proceedings, and to stand charged with the holy office of the administration of God’s justice among men.”
A lawyer’s professional conscience commands the lawyer to ensure the best quality services possible. That is still the best guarantee that the members of the society get the best legal advice that will help them
QUESTION: How has Covid-19 changed your life?
ANSWER: As a lawyer and a sportsman I had kept a certain rhythm and balance to my work and life. This is what makes it possible to often meet the intense and competing demands of clients and personal life.
I have never been afraid of change, but the legal industry has had to change quickly and adjust to the new normal of doing things. We suddenly find ourselves doing online meetings and hearings, and electronically signing documents. So the change hasn’t been bad at all.
I have been forced to operate in a limited capacity and much more appreciate the art of delegation. The new normal has brought the unique challenges all at once. I have also been able to use the downtime during the covid 19 period to relax more and enjoy the much needed recuperation. I have been able to play some of the best golf in my life and to grow even closer to special people in my life.
I have been able to enjoy Netflix even more with keen interest to Tiger King and Trial by Media. I have learned some legal lessons from them.
I think the new normal will force long term improvement in the profession, that will help us better manage our workloads in future, and for me to have even more free time to play golf!
Allan was born and raised in Western Kenya. Growing up, he toyed with the idea of becoming a professional footballer like many other young men of his generation at the time. His fate was however sealed in Form Two when he suffered a knee injury while attending Musingu High School. He was introduced to the golf course by his father while in his teens. He took up the sport with vigour after High School, and he remains an avid golfer currently at handicap 6. He is the Captain of Kakamega Club and recently completed a triple term as the Secretary General of Nyali Golf and Country Club. Allan is married to fellow lawyer, Eva Odongo. They live in Mombasa and they have 2 children.
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