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ANTI-DOPING ACT, NO.5 0F 2016

v It Is An Act Of Parliament To Provide For The Implementation Of The United Nations Educational, Scientific And Cultural Organization Convention Against Doping In Sport; The Regulation Of Sporting Activities Free From The Use Of Prohibited Substances And Methods In Order To Protect The Health Of Athletes; The Establishment And Management Of The Anti-Doping Agency And To Provide For The Agency's Powers, Functions And Management And For Connected Purposes

 

v It applies to;

  1. the Agency;

which means the Anti-Doping Agency of Kenya established under

section 5 of this Act

  1. the following persons' whether or not they are minors;
  1. athletes and athlete support personnel who are members or licence holders of any national federation in Kenya, or of any member or affiliate organisation of any national federation in Kenya including any clubs, teams, associations or leagues;
  2. athletes and athlete support personnel who participate in such capacity in events, competitions and other activities organized, convened, authorized or recognized by any national federation in Kenya, or by any member or affiliate organization of any national federation in Kenya including any clubs, teams, associations or leagues, wherever held
  3. other persons present in Kenya over whom the Convention, Code, International Standards or the Anti-Doping Rules give the Agency jurisdiction;
  1. manufacturers, importers, stockists, distributors and sellers of products containing prohibited substances or methods;
  2. national federations, national sports organizations, sports organizations, fitness centres and gyms.

 

v The purpose of this Act is to give effect to the World Anti-Doping Code and the United Nations Educational Scientific and Cultural Organization Convention Against Doping in Sport in order to;

  1. protect the fundamental right of athletes to participate in sports activities that are free from doping;
  2. put in place co-ordinated and effective mechanisms to detect, deter and prevent the use of prohibited substances or prohibited methods in competitive and recreational sport with the aim of ensuring fairness and equity in sporting activities and promoting the health of athletes globally.

 

Establishment of the Agency and it’s purpose

  1. There is established a body to be known as the Anti-Doping Agency of Kenya.
  2. The Agency shall be a body corporate with perpetual succession and a common seal which shall be capable, in its corporate name, of;
  1. suing and being sued;
  2. owning, taking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property;
  3. receiving and borrowing money;
  4. entering into contracts;
  5. doing or performing all such other acts which may lawfully be done or performed by a body corporate.
  1. The Agency shall be the only organisation permitted to carry out anti-doping activities in Kenya and its authority shall be recognized by all national federations in Kenya.
  2. The Agency shall be the successor in title to the Anti-doping Agency established under the Anti-doping Agency of Kenya Order, 2015 (L.N 256/2015), which shall cease to have effect immediately upon the commencement of this Act.

The transitional provisions set out in section 44 shall have effect upon the commencement of this Act.

 

The headquarters of the Agency shall be in Nairobi.

 

v The functions of the Agency shall be;

  1. promote participation in sport, free from doping in order to protect the health and well-being of competitors and the rights of all persons who take part in sport;
  2. create awareness in order to discourage the practice of doping in sport among the public and the sporting community in particular;
  3. develop a national strategy to address doping in sport in collaboration with the Ministry;
  4. implement the World Anti-Doping Code and associated International Standards;
  5. periodically gazette International Standards;
  6. use World Anti-Doping Agency accredited laboratories for analysis of samples and other required specimen;
  7. implement anti-doping activities in the country including the testing of collected samples in all sports, sport federations and sport organisations;
  8. undertake, co-ordinate or arrange for research to be undertaken in the field of performance-enhancing substances and methods and doping practices in sport;
  9. promote and implement the application of various guidelines and international standards in matters related to anti-doping;
  10. oversee the processes of the Committee;
  11. carry out investigations in matters of doping in sports;
  12. provide information to athletes, athlete support personnel and on the procedures for, and developments concerning the collection and testing of samples in accordance with the Code and any standards developed by the World Anti-doping Agency;
  13. implement the Prohibited List as published by the World Anti-Doping Agency from time to time;
  14. select sportspersons who are to be requested to provide samples for testing when necessary;
  15. collect samples from sportspersons in accordance with approved guidelines and International Standards, and secure the safe transit of samples to laboratories accredited by the World Anti-Doping Agency,for testing;
  16. summon, investigate and call for any document, evidence or person that may be required for the enforcement of the Act;
  17. co-operate with state agencies, non-governmental organisations and other persons within Kenya and internationally to achieve the Agency's mandate;
  18. take steps aimed at ensuring that the Government and the National Olympic Committee complies with international agreements and other arrangements to which Kenya is a party concerning the use of drugs and doping in sport;
  19. maintain data of all prohibited substances in accordance with the directions of the World Anti-doping Agency;
  20. maintain the Whereabouts Register and a Registered Testing Pool in the Anti-doping Administration and Management System in accordance with the Code;
  21. prosecute anti-doping offences before the Tribunal or the courts; and
  22. promote anti-doping education;
  23. undertake results management in accordance with the Agency' s rules and the Code;
  24. oversee all activities of the Therapeutic Use Exemption Committee;
  25. implement the Anti-Doping Administration and Management System program.
  26. carry out any other function conferred by or under this Act and any other relevant treaty.

 

  1. address the needs of minors;
  2. take into account the needs of persons with disabilities or other persons with special needs;
  3. ensure that the rights of everyone involved in the doping control procedures are respected.

 

v The Agency shall have all the powers necessary for the proper performance of its functions under this Act.

Does the Agency and Therapeutic Use Exemption Committee have Independence?

v Pursuant to the World Anti-Doping Code and the United Nations Educational Scientific and Cultural Organization Convention Against Doping in Sport, the Agency and the Committee shall;

  1. not require the consent of any person or authority to commence any investigations or impose any administrative sanctions;
  2. not be under the direction or control of any person or authority in the exercise of their powers under this Act or any other written law.

 

v There shall be a Board of the Agency which shall consist of;

  1. a Chairperson appointed by the President;
  2. the Principal Secretary to the National Treasury or a representative;
  3. the Attorney General or a representative designated in writing by the Attorney General;
  4. the Principal Secretary for matters relating to sports or a representative;
  5. the Chief Executive Officer who shall be the Secretary to the Board;
  6. not more than five other persons appointed by virtue of their knowledge and experience in sports, appointed by the Cabinet Secretary.

v A person shall be qualified to be appointed as a member of the Board if such person;

  1. holds a post-secondary school education qualification recognised in Kenya;
  2. has at least ten years' experience in matters relating to anti-doping, sports, management, administration or any other relevant field;
  3. satisfies the requirements of Chapter 6 of the Constitution.

v The Cabinet Secretary shall, in appointing members of the Board, ensure compliance with the Constitution.

v The appointment of members under subsection (1) (a) and (e) shall be by name and by notice in the Kenya Gazette.

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