Anti-Doping Act

This Act may be cited as the Anti-Doping Act.

Participate in the national leagues, county leagues, events or competitions organized by their federations or by any sports organisation or club.

States the 'Application of the Act' and mentions 'the Agency'.

Protects athletes' right to participate in sports activities that are free from doping.

Section 10 establishes the Agency's Board membership, sets appointment procedures and minimum qualifications, requires the Cabinet Secretary to ensure constitutional compliance when appointing members, and requires proposed members to sign a conflict of interest and confidentiality declaration before serving.

The Chairperson and members appointed under section 10 hold office for a term of three years and may be reappointed once; the Chairperson and members of the Board serve on a part-time basis.

Before a Board member is removed under this section, the member must be given an opportunity to be heard.

A vacancy on the Board occurs if a Board member resigns in writing to the President or the Cabinet Secretary, dies, or is removed under section 12; vacancies are to be filled as soon as is practicable and with a person of similar qualifications to the one who left.

The Board is granted powers to oversee the Agency and to manage its assets, finances, accounts, investments, plans, associations and other incidental activities.

The Board must conduct and regulate its business and affairs as set out in the Schedule; subject to the Schedule the Board may determine its own procedure and the procedure for any committee of the Board.

The Section sets rules for the Agency's common seal (keeping it in the Agency’s custody; restrictions on affixing it except as authorised by the Board), prescribes authentication of the seal by signatures (the Chief Executive Officer and the Chairperson or one other Board member authorized by the Board), allows authentication of most documents by the Chairperson or the person presiding at a meeting, and provides that committee decisions are ineffective unless confirmed by the Board.

Establishes the Chief Executive Officer position: the CEO is competitively recruited and appointed by the Board, serves as Secretary to the Board, performs specified functions, and holds office for three years with eligibility for one re-appointment.

Section 18 lists specific grounds for removing the Chief Executive Officer (inability from physical or mental incapacity; misbehavior or misconduct; incompetence; violation of chapter six of the Constitution) and provides that the Chief Executive Officer shall be given an opportunity to be heard before removal.

The Agency may appoint officers and staff as it considers necessary; a person is qualified for employment if they were not a member or official of a national sports body for the two years immediately preceding appointment and certain disqualifying circumstances in Section 19(3) apply.

Members of the Board and staff are to be paid remuneration, and the Cabinet Secretary may determine that remuneration on the advice of the Salaries and Remunerations Commission.

Agency staff are exempt from personal liability for acts done in good faith when performing duties or exercising powers under the Act; however this does not prevent criminal liability or the Agency's civil liability for damages.

The Board may delegate powers or functions in writing to the Chairperson, a Board member, or a committee; delegated persons or committees must follow conditions set by the Board and must act in the Agency's name and on its behalf.

Board members, directors, officers and employees involved in any aspect of doping control must be bound by this Act and by anti-doping rules or comparable Agency rules.

Establishes a Therapeutic Use Exemption Committee, specifies member roles and experience, sets five-year terms with one reappointment, requires members to sign an Oath of Secrecy and Conflict of Interest declaration before serving, and sets a quorum of three members including at least one doctor.

Non-international-level athletes with a medical need for a prohibited substance or method may apply to the Committee for a therapeutic use exemption in accordance with the Act and Anti-Doping Rules.

The Agency must establish a Registered Testing Pool, publish criteria for athlete inclusion in it in accordance with the Anti-Doping Rules, and notify athletes in writing of their inclusion.

Creates the Anti-Doping Agency of Kenya, grants it corporate capacities, makes it the sole organisation permitted to carry out anti-doping activities in Kenya, and requires sports federations and organisations to recognise its enforcement authority.

The Agency's headquarters shall be in Nairobi.

Lists the functions of the Agency related to anti-doping, including promoting drug-free sport, implementing the World Anti-Doping Code and International Standards, conducting testing and investigations, maintaining records and registers, cooperating with bodies, education, and prosecuting offences.

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

The Agency and the Therapeutic Use Exemption Committee must be operationally independent from sport and government and must not require consent or be under direction or control of any person or authority when exercising powers under the Act.

Section 26 deleted by Act No. 18 of 2016, s. 8.

People involved in any aspect of doping control (including non-minor athletes, athlete support personnel, Board members, directors, officers, employees and delegated third parties) must accept the Code by signing a declaration and submitting it to the Agency; minors require a guardian’s signature; teams sign a collective declaration; listed duties and responsibilities for athletes and support personnel are specified.

Samples taken from an athlete must be analysed at an accredited laboratory or one approved by the World Anti-Doping Agency; analysis may detect prohibited substances or be used for profiling or other anti-doping purposes, and samples and related data may be used for research with the athlete's written consent, provided they are processed to prevent tracing back to the athlete; results of all sample analysis shall be submitted to the Agency.

The Agency must appoint anti-doping compliance officers to enforce the Act; the Agency may amend or withdraw those appointments.

Section 30 allows an anti-doping compliance officer (with a warrant) to arrest, search and detain suspects for up to twenty-four hours; the officer must produce appointment documents when required; persons need not answer self-incriminating questions.

Section 31 defines the Tribunal's jurisdictional scope, procedural authority, sources of guidance, certain exclusions of jurisdiction, rights of international bodies to appeal, and empowers the Cabinet Secretary to make rules.

The Agency may lodge an appeal to the Court of Arbitration for Sport against decisions of the World Anti-Doping Agency or an International Federation, in accordance with Article 4.4 of the Code.

Section 33 lists the Agency's funds, including monies appropriated by the National Assembly and other sources, and requires disclosure of donated or lent funds before use.

The Agency's financial year is the twelve-month period ending on 30 June each year.

The Agency must prepare annual estimates of its revenue and expenditure three months before the start of each financial year, and those estimates must provide for listed items including staff salaries, pensions, maintenance, creation of funds for liabilities, operating expenses, compensation, taxes and funding of Agency activities.

The Agency must keep proper books and records of account covering income, expenditure, assets and liabilities.

The Agency must provide returns, reports, accounts and information to the Cabinet Secretary; it must prepare and submit an annual report within three months after each financial year, publish that report and provide a copy to the World Anti-Doping Agency per Article 14.4 of the Code.

The Agency must open and maintain bank accounts in banks in Kenya with the approval of the National Treasury.

The Agency may invest its funds in securities, including trust funds and other securities approved by the Cabinet Secretary responsible for finance.

No expenditure may be incurred by the agency except in accordance with the annual estimates approved under section 34 or as approved by the Board.

Members of the Board and Agency staff must not disclose information obtained while performing functions under this Act except as allowed by this Act and the law on information.

All persons shall be bound by the Anti-Doping Rules.

Each sports federation must create rules requiring athletes and associated support personnel to agree to be bound by Anti-Doping Rules and the Agency’s results management authority as a condition of participation.

All persons must report any information suggesting or relating to an anti-doping rule violation to the Agency; national federations must also report to their international federation.

All persons must cooperate with investigations conducted by the Agency or other anti-doping organisations.

Lists conduct constituting offences related to anti-doping (including obstruction, possession, transport, administration and prescribing of prohibited substances) and enumerates sanctions the Agency, Sports Fund, Tribunal or Sports Registrar may apply; athletes and support personnel who violate anti-doping rules shall be subject to sanctions.

A person who contravenes any provision of this Act for which no specific penalty is provided is liable to a fine of not less than one million shillings, or to imprisonment for not less than one year, or to both.

The Cabinet Secretary has the power to make regulations to carry the Act into effect, limited to bringing into effect the provisions of the Act and fulfilling the section's objectives.