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National Assembly approves Anti-Doping law amendments

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MPs inside Parliament.PHOTO/File

MPs inside Parliament.PHOTO/File

NAIROBI, Kenya, May 26 – Kenya moved closer to reverse the non-compliant verdict slapped by the World Anti Doping Agency (WADA) after the National Assembly approved the amendments to the Anti-Doping law of 2016.

In a special sitting held Thursday, the Members of Parliament present unanimously supported the 13 changes to the Anti Doping Agency of Kenya (ADAK) law as recommended by WADA when the global anti-doping organisation met the Kenyan delegation in Montreal, Canada May 17.

While moving the amendment act, Majority Leader Aden Duale said Parliament was not responsible for the changes made to the Anti-Doping law that led WADA declaring Kenya non-compliant on May 12.

“I want to thank members because we never made amendments to the bill but just because some people in the executive failed then that means we are now giving them the last chance,” Duale said.

“I asked the Senate leadership that they also don’t create any amendments and they passed this bill as it was, so the failure is on part of executive and more so the Ministry of Sports, Arts and Culture and may be at the drafting stage.

“And because we represent the people and deal with their issues we are at the final stage to make sure our sports men and women do not become victim of executive failure since it’s not the fault of Parliament,” Duale affirmed.

House Minority Leader Francis Nyenze lauded the House for amending the laws that will align ADAK with the WADA Code.

“Kenya is a sporting nation and it’s recognized worldwide for its sportsmen and women and when we talk about doping it disturbs us. I want to thank the Committee for the good work it has done .We have to make sure that we fight doping with all the necessary rules to discourage it and if foreign coaches are involved in it, they should not be allowed to step a foot in Kenya,” Nyeze contributed while supporting the Bill.

The Bill will now be transmitted to the Senate for consideration before President Uhuru Kenyatta assent into it, then present the amended Bill to WADA, who will take it to its Compliance Review Committee for final review and recommendation to the Foundation Board for approval.

-The amendments to be made were as follows;

Clause 3 seeks to delete the Section of the Act by inserting a new provision that widens the scope of the Act to apply to athlete(s), support personnel who are members or license holders of national federations or any other member or affiliate organization of a federation in Kenya including any clubs, any leagues, and associations.

Clause 4 of the Bill offers to introduce a Sub-Section 2(a) that makes the anti-doping agency the exclusive entity permitted to carry out anti-doping activities in Kenya and for the Agency to be recognized by all sporting federations.

Clause 5 proposes increasing the functions of the anti-doping agency by allowing the Agency to have functions like; promoting anti-doping education, overseeing the activities of the therapeutic use of exemption committees; and to have the function to implement the anti-doping administration and management system.

Clause 7 of the Bill seeks to amend the Act to provide for a Sports Administrator who should have retired at least two year prior to the appointment shall be a member of the Therapeutic Use Committee.

Clause 6 of the Bill, deletes Section 26 of the Act, so as to align it with the proposed amendment as provide for in Section 42(6).

Clause 9 seeks to redefine the term known as the Athlete Testing Programme as used in the Act to the anti-doping programmes of the Agency.

Clause 6 provides that any functions or powers delegated shall only be performed and exercised in the name and on behalf of the Agency.

Clause 10 seeks to create clarity by providing that the anti-doping compliance officers shall be responsible for enforcing the provisions of the Act.

Clause 11 proposes to delete the existing provisions and inserting new sections that provide the jurisdiction of the Sports Tribunal with regards to anti-doping.

Clause 12 seeks to provide that the report of the activities of the anti-doping agency shall be made publicized and made public.

Clause 13 seeks to amend the Act by introducing new sections providing that all persons, athletes, their support personnel including doctors, managers, and trainers shall be bound by the ant-doping agency and it rules.

Clause 15 proposes to amend the Act by deleting the existing provisions and inserting new provisions to provide for anti-doping rules violation which include among others; the presence of prohibited substance or the metabolic or markets in an athlete’s sample where these particular items are found within a camp.

Clause 2 of the Bill defines among other things the definition of the words; national level athlete, prohibited association and trafficking which are being given more meaning.

-by Laban Wanambisi and Alex Isaboke-

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