Anti-Doping Act
This Act may be cited as the Anti-Doping Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 245B
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
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.
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Legal text
Provisions of Anti-Doping Act
Showing 49 of 49
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
This Act may be cited as the Anti-Doping Act.
Section 1. Short title Section This Act may be cited as the Anti-Doping Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Participate in the national leagues, county leagues, events or competitions organized by their federations or by any sports organisation or club.
Section 2. Interpretation Section participate in the national leagues, county leagues, events or competitions organized by their federations or by any sports organisation or club; - 3 Verify source ↗
PRELIMINARY - 3. Application of the Act
States the 'Application of the Act' and mentions 'the Agency'.
Section 3. Application of the Act Section the Agency; - 4 Verify source ↗
PRELIMINARY - 4. Purpose of the Act
Protects athletes' right to participate in sports activities that are free from doping.
Section 4. Purpose of the Act Section protect the fundamental right of athletes to participate in sports activities that are free from doping;
Part II
ESTABLISHMENT OF THE ANTI-DOPING AGENCY
- 10 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 10. Board of the Agency
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.
Section 10. Board of the Agency Section 10(1)(a) a Chairperson appointed by the President; Section 10(1)(b) the Principal Secretary to the National Treasury or a representative; Section 10(1)(c) the Attorney-General or a representative designated in writing by the Attorney-General; Section 10(1)(d) the Principal Secretary for matters relating to sports or a representative; Section 10(1)(e) the Chief Executive Officer who shall be the Secretary to the Board; and Section 10(1)(f) not more than five other persons appointed by virtue of their knowledge and experience in sports, appointed by the Cabinet Secretary. Section 10(2)(a) holds a post-secondary school education qualification recognised in Kenya; Section 10(2)(b) has at least ten years' experience in matters relating to anti-doping, sports, management, administration or any other relevant field; and Section 10(2)(c) satisfies the requirements of Chapter 6 of the Constitution. Section 10(3) The Cabinet Secretary shall, in appointing members of the Board, ensure compliance with the Constitution. Section 10(4) The appointment of members under subsection (1) (a) and (e) shall be by name and by notice in the Kenya Gazette . Section 10(5)(a) is a member of or an official in a national sports federation; Section 10(5)(b) is employed by or is associated with any person who supplies goods or services to the Agency or whose spouse or family member is so employed or associated; Section 10(5)(c) is an athlete, athlete support personnel or an official of a sports organization, sports club or sports federation; Section 10(5)(d) has been convicted whether in Kenya or elsewhere of an offence involving dishonesty or any other criminal offence for which such a person bias been sentenced to imprisonment without the option of a fine; Section 10(5)(da) is provisionally suspended or serving a period of ineligibility under the Agency’s Anti-Doping Rules and has been directly or intentionally engaged in conduct within the previous six years which would have constituted a violation of the Agency's Anti-Doping Rules if such Rules had been applicable to them; or Section 10(5)(e) is an undischarged bankrupt. Section 10(6) Before serving as a member of the Board, each proposed member shall sign a conflict of interest and confidentiality declaration form as provided by the Agency. [Act No. 24 of 2020 , s. 8.] - 11 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 11. Tenure
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.
Section 11. Tenure Section 11(1) The Chairperson and members appointed under section 10 shall hold office for a term of three years and shall be eligible for reappointment for one further term. Section 11(2) The Chairperson and members of the Board shall serve on part time basis. - 12 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 12. Removal of Board member
Before a Board member is removed under this section, the member must be given an opportunity to be heard.
Section 12. Removal of Board member Section 12(1)(a) violates the provisions of Chapter 6 of the Constitution; Section 12(1)(b) is incapacitated by prolonged physical or mental illness and is unable to discharge the duties of his office; Section 12(1)(c) is absent without the permission of the Chairperson or the Cabinet Secretary in the case of the Chairperson, from three consecutive meetings of the Board; Section 12(1)(d) is convicted of an offence and imprisoned for a term of more than six months; Section 12(1)(e) fails to comply with the provisions of the Act relating to disclosure; Section 12(1)(f) is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors; or Section 12(1)(g) no longer meets the requirements for their appointment as set out in section 10 (2) and (5) of this Act. Section 12(2) A member of the Board shall be given an opportunity to be heard before he or she is removed under this section. [Act No. 24 of 2020 , s. 9.] - 13 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 13. Vacancy in Board
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.
Section 13. Vacancy in Board Section 13(1)(a) resigns in writing to the President or the Cabinet secretary as the case may be; Section 13(1)(b) dies; or Section 13(1)(c) is removed under section 12 . Section 13(2)(a) as soon as is practicable; and Section 13(2)(b) with a person with similar qualifications as the one who resigned, died or was otherwise removed from the Board. - 14 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 14. Powers of the Board
The Board is granted powers to oversee the Agency and to manage its assets, finances, accounts, investments, plans, associations and other incidental activities.
Section 14. Powers of the Board Section 14(1) The Board shall have the powers necessary to oversight the proper performance of the functions of the Agency under this Act. Section 14(2)(a) control, supervise and administer the assets of the Agency in such manner as best promotes the purpose for which the Agency is established; Section 14(2)(b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Agency; Section 14(2)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; Section 14(2)(d) authorize the opening of such banking accounts for the funds of the Agency as may be necessary; Section 14(2)(e) invest any of the funds of the Agency not immediately required for its purposes; Section 14(2)(f) approve the strategic plan, lay down policy guidelines for operations and management of all funds collected by the Agency; Section 14(2)(g) enter into associations with other bodies or organizations within and outside Kenya as the Agency may consider desirable or appropriate in furtherance of the purpose for which the Agency is established; and Section 14(2)(h) perform all such oversight acts or undertake any activity as may be incidental or conducive to the attainment or fulfillment of any of the functions of the Agency under this Act. - 15 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 15. Conduct of business and affairs of the Board
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.
Section 15. Conduct of business and affairs of the Board Section 15(1) The conduct and regulation of the business and affairs of the Board shall be as set out in the Schedule. Section 15(2) Subject to the provisions of the Schedule, the Board may determine its own procedure and the procedure for any committee of the Board. - 16 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 16. Seal and execution of documents
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.
Section 16. Seal and execution of documents Section 16(1) The common seal of the Agency shall be kept in the custody of the Agency and shall not be affixed to any instrument or document except as may be generally or specifically authorised by the Board. Section 16(2) The common seal of the Agency shall be authenticated by the signature of the Chief Executive Officer and the Chairperson or one other member of the Board authorized by the Board. Section 16(3) All documents, other than those required by law to be under seal and all decisions of the Board, may be authenticated by the signature of the Chairperson or, in the case of a decision taken at a meeting at which the Chairperson was not present, by the signature of the person presiding at such meeting. Section 16(4) No decision of any committee of the Board shall be effective unless it has been confirmed by the Board. - 17 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 17. Chief Executive Officer
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 17. Chief Executive Officer Section 17(1) There shall be an officer of the Agency, to be known as the Chief Executive Officer, who shall be competitively recruited and appointed by the Board. Section 17(2)(a) possesses a postgraduate degree from a recognized institution and has a least five years working experience in sports or administration; Section 17(2)(b) has knowledge and experience in matters of Anti-doping; and Section 17(2)(c) satisfies the requirements of Chapter 6 of the Constitution. Section 17(3) The Chief Executive Officer shall be the Secretary to the Board. Section 17(4)(a) implementation of the decisions of the Board; Section 17(4)(b) education and awareness; Section 17(4)(b)(i) education and awareness; Section 17(4)(b)(ii) research; Section 17(4)(b)(iii) testing; Section 17(4)(b)(iv) investigations; Section 17(4)(b)(v) results management; Section 17(4)(b)(vi) administrative support to the Therapeutic Use Exemption Committee; Section 17(4)(b)(vii) the formulation, development and implementation of the Agency's strategic plan and any other plans in order to carry out the mandate of the Agency; Section 17(4)(c) organization and management of the staff; and Section 17(4)(d) any other function as may be directed by the Board. Section 17(5) The Chief Executive Officer shall hold office for a term of three years and is eligible for re-appointment for one further term. [Act No. 24 of 2020 , s. 11.] - 18 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 18. Removal of Chief Executive Officer
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.
Section 18. Removal of Chief Executive Officer Section 18(1)(a) inability to perform the functions of his office arising out of physical or mental incapacity; Section 18(1)(b) misbehavior or misconduct; Section 18(1)(c) incompetence; or Section 18(1)(d) violation of chapter six of the Constitution. Section 18(2) The Chief Executive Officer shall be given an opportunity to be heard before he or she is removed under this section. - 19 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 19. Staff of the Agency
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.
Section 19. Staff of the Agency Section 19(1) The Agency may appoint such officers and members of staff upon such terms and conditions of service as it may consider necessary for the proper performance of its functions. Section 19(2) A person shall be qualified to be employed by the Agency if such a person was not a member or official of a national sports body for the two years immediately preceding the appointment. Section 19(3)(a) has been provisionally suspended; Section 19(3)(b) is serving a period of ineligibility under the Agency’s Anti-Doping Rules or the World Anti-Doping Code; or Section 19(3)(c) was not subject to the Rules and the Code, but has directly and intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of Anti-Doping Rules if they had been applicable to such person. - 20 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 20. Remuneration
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.
Section 20. Remuneration Section The members of the Board and members of staff shall be paid such remuneration as the Cabinet Secretary upon the advice of the Salaries and Remunerations Commission may determine. - 21 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 21. Protection from personal liability
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.
Section 21. Protection from personal liability Section 21(1) The staff of the Agency shall not be personally liable for any act which is done in good faith in the performance of any duty or in the exercise of any power under this Act. Section 21(2) The provisions of this section shall not relieve a member or member of staff of the Agency from criminal liability or the Agency from liability in tort or contract, to pay compensation or damages to any person for any injury caused to such person, his property or any of his or her interests. - 22 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 22. Delegation by the Board
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.
Section 22. Delegation by the Board Section 22(1) The Board may, in writing, delegate the exercise of any of the powers or the performance of any of the functions to the Chairperson, member of the Board or a committee of the Board. Section 22(2) A person or a committee of the Board delegated with a function or power shall observe and have regard to all conditions imposed by the Board in respect of such delegation of function or power. Section 22(3) Any function or power delegated under this section shall be performed and exercised in the name and on behalf of the Agency. [Act No. 18 of 2016 , s. 6.] - 22A Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 22A. Board members and staff to be bound by the Act
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.
Section 22A. Board members and staff to be bound by the Act Section Subject to applicable law, as a condition of such position or involvement, all of the Board members, directors, officers, and those employees (and those of appointed delegated third parties), who are involved in any aspect of doping control, shall be bound by this Act and any other anti-doping rules as persons in conformity with the Code for direct and intentional misconduct, or to be bound by comparable Rules and Regulations put in place by the Agency. [Act No. 24 of 2020 , s. 13.] - 23 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 23. Therapeutic Use Committee
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.
Section 23. Therapeutic Use Committee Section 23(1) There is established the Therapeutic Use Exemption Committee. Section 23(2)(a) a chairperson who is a medical doctor with over seven years' experience in matters related to sport; Section 23(2)(b) a medical doctor of not less than five years experience in matters relating to sports; Section 23(2)(c) a clinical pharmacist of not less than five years experience in matters relating to sports; Section 23(2)(d) an international level athlete who has since retired; and Section 23(2)(e) a sports administrator who shall have retired at least two years prior to the appointment. Section 23(3) The Chairperson and members appointed under this section shall hold office for a term of five years and shall be eligible for reappointment for one further term. Section 23(3A) Before serving as members of the Committee, each member shall sign an Oath of Secrecy and Declaration of Conflict of Interest Form as provided by the Agency. Section 23(4) The quorum for the conduct of the business of the Committee shall be three members of whom at least one, shall be a doctor. Section 23(5)(a) the Code and International Standards; Section 23(5)(b) International Guidelines on Therapeutic Use Exemption; Section 23(5)(c) the Prohibited List; and Section 23(5)(d) the provisions of this Act. Section 23(6)(a) receive, review and approve applications for the grant of therapeutic use exemption by athletes who compete at the national level; Section 23(6)(b) receive, review and approve applications for the grant of therapeutic use exemption by athletes who compete at the international level, if requested to do so by an international federation; Section 23(6)(c) review therapeutic use exemptions issued by an international federation for compliance with the International Standard for Therapeutic Use Exemptions; and Section 23(6)(d) refer to the World Anti-Doping Agency any therapeutic use exemption issued by an international federation which in its view does not meet the requirements of the International Standard for Therapeutic Use Exemption. - 24 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 24. Application for Therapeutic use exemption
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.
Section 24. Application for Therapeutic use exemption Section 24(1) An athlete, other than an international-level athlete, with a medical condition requiring the use of a prohibited substance or prohibited method, may, in accordance with the provisions of this Act and the Anti-Doping Rules, apply to the Committee for a therapeutic use exemption. Section 24(2)(a) thirty days before his participation in an international event; or Section 24(2)(b) such other period as may be provided for in the anti-doping rules of the relevant International Federation, to the relevant International Federation for an exemption and provide the Committee with a copy of the application prior to the international event. Section 24(3)(a) immediately after the athlete becomes aware that the use of a prohibited substance or prohibited method is required; and Section 24(3)(b) subject to any circumstance of emergency, no later than thirty days prior to the participation of the athlete in any competition or event. Section 24(4) The decision of the Committee may be appealed in a manner specified in the Anti-Doping Rules (sub. leg). [Act No. 24 of 2020 , s. 15.] - 25 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 25. Registered Testing Pool
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.
Section 25. Registered Testing Pool Section 25(1) The Agency shall establish a Registered Testing Pool. Section 25(2) The Agency, shall in accordance with the Anti-Doping Rules, publish criteria for the inclusion of an athlete in its Registered Testing Pool. Section 25(3) The Agency shall notify an athlete, in writing, of that athlete inclusion in its Registered Testing Pool. [Act No. 24 of 2020 , s. 16.] - 5 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 5. Establishment of the Agency
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.
Section 5. Establishment of the Agency Section 5(1) There is established a body to be known as the Anti-Doping Agency of Kenya. Section 5(2)(a) suing and being sued; Section 5(2)(b) owning, taking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property; Section 5(2)(c) receiving and borrowing money; Section 5(2)(d) entering into contracts; and Section 5(2)(e) doing or performing all such other acts which may lawfully be done or performed by a body corporate. Section 5(2A) The Agency shall be the only organisation permitted to carry out anti-doping activities in Kenya and its authority to enforce this Act, including any consequence for the breach thereof, shall be recognized by all national and international sports federations and national and international sports organisations. Section 5(3) Deleted by ActNo. 24 of 2020, s. 5(b). Section 5(4) Deleted by ActNo. 24 of 2020, s. 5(c). [Act No. 18 of 2016 , s. 4, Act No. 24 of 2020 , s. 5.] - 6 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 6. Headquarters of the Agency
The Agency's headquarters shall be in Nairobi.
Section 6. Headquarters of the Agency Section The headquarters of the Agency shall be in Nairobi. - 7 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 7. Functions of the Agency
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.
Section 7. Functions of the Agency Section 7(1)(a) 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; Section 7(1)(b) create awareness in order to discourage the practice of doping in sport among the public and the sporting community in particular; Section 7(1)(c) develop a national strategy to address doping in sport in collaboration with the Ministry; Section 7(1)(d) implement the World Anti-Doping Code and associated International Standards; Section 7(1)(e) periodically gazette International Standards; Section 7(1)(f) use World Anti-Doping Agency accredited laboratories for analysis of samples and other required specimen; Section 7(1)(g) implement anti-doping activities in the country including the testing of collected samples in all sports, sport federations, national and international sports federations, and national and international sports organisations; Section 7(1)(h) undertake, co-ordinate or arrange for research to be undertaken in the field of performance-enhancing substances and methods and doping practices in sport; Section 7(1)(i) promote and implement the application of various guidelines and international standards in matters related to anti-doping; Section 7(1)(j) oversee the processes of the Committee; Section 7(1)(k) carry out investigations in matters of doping in sports; Section 7(1)(l) 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; Section 7(1)(m) implement the Prohibited List as published by the World Anti-Doping Agency from time to time; Section 7(1)(n) select athletes who are to be requested to provide samples for testing when necessary; Section 7(1)(o) collect samples from athletes 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; Section 7(1)(p) summon, investigate and call for any document, evidence or person that may be required for the enforcement of the Act; Section 7(1)(q) co-operate with state agencies, non-governmental organisations and other persons within Kenya and internationally to achieve the Agency's mandate and encourage reciprocal testing between anti-doping organisations; Section 7(1)(r) 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; Section 7(1)(s) maintain data of all prohibited substances in accordance with the directions of the World Anti-doping Agency; Section 7(1)(t) maintain the Whereabouts Register and a Registered Testing Pool in the Anti-doping Administration and Management System in accordance with the Code; Section 7(1)(u) prosecute anti-doping offences before the Tribunal or the courts; Section 7(1)(ua) plan, implement, evaluate and promote anti-doping education in line with the requirements of the International Standard for Education; Section 7(1)(ub) vigorously undertake results management and ensure proper enforcement of consequences in accordance with the Agency's rules and the Code; Section 7(1)(uc) deleted by ActNo. 24 of 2020, s. 7(a)(vii); Section 7(1)(ud) implement the Anti-Doping Administration and Management System program; Section 7(1)(ue) adopt a policy implementing the requirements for the encouragement and protection of whistleblowers; and Section 7(1)(v) carry out any other function conferred by or under this Act and any other relevant treaty. Section 7(2)(a) address the needs of minors; Section 7(2)(b) take into account the needs of persons with disabilities or other persons with special needs; and Section 7(2)(c) ensure that data privacy requirements and the rights of everyone involved in the doping control procedures are respected. Section 7(3)(a) require the delegated third party to perform such aspects in compliance with the Code, International Standards, and this Act; and Section 7(3)(b) always remain fully responsible for ensuring that the delegated aspects are performed in compliance with the Code. Section 7(4) The Kenya Bureau of Standards, the Pharmacy and Poisons Board, the Medical Practitioners and Dentists Council, the Ministry for the time being responsible for matters relating to Health and all other aligned or relevant agencies, shall collaborate with the Agency in aligning their standards in accordance with the requirements of the Code and this Act. [Act No. 18 of 2016 , s. 5, Act No. 24 of 2020 , s. 6.] - 8 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 8. Powers of the Agency
The Agency has all powers necessary for the proper performance of its functions under this Act.
Section 8. Powers of the Agency Section The Agency shall have all the powers necessary for the proper performance of its functions under this Act. - 9 Verify source ↗
ESTABLISHMENT OF THE ANTI-DOPING AGENCY - 9. Independence of Agency and Therapeutic Use Exemption Committee
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 9. Independence of Agency and Therapeutic Use Exemption Committee Section 9(1)(a) not require the consent of any person or authority to commence any investigations or impose any administrative sanctions; and Section 9(1)(b) 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. Section 9(2) The Agency and Committee shall be independent in their operational decisions and activities from sport and government, including, without limitation from any involvement in their operational decisions or activities by any person who is at the same time involved in the management or operations of any national and international sports federations, national and international sports organisations, Major Event Organization, National Olympic Committee, National Paralympic Committee, or Ministry or other government department with responsibility for sports or anti-doping. [Act No. 24 of 2020 , s. 7.]
Part III
ADMINISTRATION AND ENFORCEMENT
- 26 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 26.[Deleted by ActNo. 18 of 2016, s. 8.]
Section 26 deleted by Act No. 18 of 2016, s. 8.
Section 26.[Deleted by ActNo. 18 of 2016, s. 8.] - 27 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 27. Acceptance of the Code and related obligations
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.
Section 27. Acceptance of the Code and related obligations Section 27(1) An athlete or an athlete support personnel who is not a minor as well as all Board members, directors, officers, employees and appointed delegated third parties who are involved in any aspect of doping control shall be required to accept the Code by signing a declaration of the acceptance of the Code and submit the approval to the Agency. Section 27(2) In the case of a minor, the guardian shall sign such acceptance referred to in subsection (1) and submit the acceptance to the Agency. Section 27(3) In the case of a team related sport, the team shall sign a team declaration which shall bind the team collectively and individually. Section 27(4) Deleted by ActNo. 18 of 2016, s. 9. Section 27(5)(a) be knowledgeable of, and comply with, the Anti-Doping Rules: Provided that lack of such knowledge shall not be used as a defence in case of infringement of any provision of this Act; Section 27(5)(b) be responsible for ensuring that no prohibited substance enters his or her body; Section 27(5)(c) inform medical personnel of his or her obligation not to use prohibited substances and prohibited methods and take responsibility to make sure that any medical treatment received does not violate the Anti-Doping Rules; Section 27(5)(d) be available for, and submit to, in-competition and out-of-competition testing at any time and place, with or without advance notice; Section 27(5)(e) be responsible for any prohibited substance or its metabolites or markers found to be present in his bodily specimen; and Section 27(5)(f) disclose the identity of their athlete support personnel upon request by the Agency. Section 27(6)(a) cooperate with the anti-doping program of the Agency; Section 27(6)(b) use his or her influence to foster anti-doping attitudes among athletes. Section 27(6)(c) be knowledgeable of and comply with the Anti-Doping Rules; Section 27(6)(d) not use or possess any prohibited substance or prohibited method without valid justification; and Section 27(6)(e) not use the defence of lack of knowledge or the requirement to comply with the Anti-Doping Rules as a defence for any infringement under this Act. Section 27(7) Other persons subject to this Act shall be knowledgeable of, and comply with the Anti-Doping Rules provided that lack of such knowledge shall not be used as a defence in case of infringement of any provision of this Act. [Act No. 18 of 2016 , s. 9, Act No. 24 of 2020 , s. 17.] - 28 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 28. Accredited laboratories
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.
Section 28. Accredited laboratories Section 28(1) A sample taken from an athlete shall be analysed at an accredited laboratory or laboratory otherwise approved by the World Anti-Doping Agency to detect prohibited substances or its metabolites and markets. Section 28(2)(a) to detect prohibited substances and prohibited methods identified on the prohibited list and other substances as may be directed by the World Anti-Doping Agency; Section 28(2)(b) to assist an anti-doping organization in profiling relevant parameters in an athlete’s urine, blood or other matrix, including for DNA or genomic profiling; or Section 28(2)(c) for any other legitimate anti-doping purpose. Section 28(3) Samples, related analytical data and doping control information may be used for anti-doping research purposes, subject to written consent of the athlete. Section 28(4) Samples and related analytical data or doping control information used for research purposes shall first be processed in such a manner as to prevent samples and related analytical data or doping control information being traced back to a particular athlete. Section 28(5) The results of all tests sample analysis shall be submitted to the Agency. [Act No. 24 of 2020 , s. 18.] - 29 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 29. Appointment of anti-doping compliance officers
The Agency must appoint anti-doping compliance officers to enforce the Act; the Agency may amend or withdraw those appointments.
Section 29. Appointment of anti-doping compliance officers Section 29(1) The Agency shall for purposes of enforcing this Act appoint anti-doping compliance officers. Section 29(2)(a) shall hold office subject to such terms and conditions as the Agency may determine; Section 29(2)(b) deleted by ActNo. 24 of 2020, s. 19(b)(ii); Section 29(2)(c) deleted by ActNo. 24 of 2020, s. 19 (b)(ii); Section 29(2)(d) shall be responsible for enforcing the provisions of section this Act. Section 29(3) The Agency may amend or withdraw the appointment of anti-doping compliance officers under this Act. Section 29(4) Deleted by ActNo. 24 of 2020, s. 19 (c); [Act No. 18 of 2016 , s. 10, Act No. 24 of 2020 , s. 19.] - 30 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 30. Power of search, entry, interrogation
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 30. Power of search, entry, interrogation Section 30(1)(a) enter upon any premises, vessel or vehicle in which prohibited substances are reasonably suspected of being stored and make a record in the prescribed form; or Section 30(1)(b) seize, detain, and where applicable remove for detention the prohibited substances found in such premises, vessel or vehicle. Section 30(2)(a) interrogate that person and record a statement from that person; or Section 30(2)(b) demand from that person any book, document, article, object or substance which may assist in identifying any prohibited substance or person dealing in prohibited substances. Section 30(3) Nothing is this section shall be construed as requiring a person to answer any question or give any information which may incriminate him or her. Section 30(4) An anti-doping compliance officer may with a warrant, arrest any person whom the anti-doping compliance officer suspects on reasonable grounds of having committed an offence under this Act and may search the person and detain the person for a maximum of twenty four hours at the nearest police station. Section 30(5) Before acting under this section, an anti-doping compliance officer shall, if required to do so, produce documents of his or her appointment.
Part IV
DISPUTE RESOLUTION
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DISPUTE RESOLUTION - 31. Jurisdiction of Sports Tribunal
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.
Section 31. Jurisdiction of Sports Tribunal Section 31(1)(a) anti-doping rule violations on national and lower level athletes and athlete support personnel; Section 31(1)(b) anti-doping rule violations on other persons subject to the Anti-Doping Rules; Section 31(1)(c) anti-doping rule violations arising from national and lower level events; Section 31(1)(d) Therapeutic Use Exemptions (TUE) decisions of Anti-Doping Agency of Kenya (ADAK); and Section 31(1)(e) matters of compliance of sports organisations in the first instance and appellate level. Section 31(2) The Tribunal shall be guided by the Code, the International Standards established under the Code, the 2005 UNESCO Convention Against Doping in Sports, the Sports Act (Cap. 223), and the Agency's Anti-Doping Rules, amongst other legal sources. Section 31(3) The Tribunal shall establish its own procedures. Section 31(4)(a) which shall consist of a panel of three members appointed by the Chairperson of the Tribunal; and Section 31(4)(b) after the panel members have signed a no conflict of interest declaration in form provided by the Agency. Section 31(5) The World Anti-Doping Agency, the International Olympic Committee, the International Paralympic Committee, and the relevant International Federations shall have the right to a second appeal to the Court of Arbitration for Sports (CAS) with respect to the appeal decisions of the Tribunal. Section 31(6) For the avoidance of doubt, the Tribunal shall not have jurisdiction over Appeals involving International Level athletes or arising from the participation in International Events or national crimes related to doping. Section 31(7) The Cabinet Secretary may prescribe rules to give effect to this section. [Act No. 18 of 2016 , s. 11, Act No. 24 of 2020 , s. 20.] - 32 Verify source ↗
DISPUTE RESOLUTION - 32. Appeal to the Court of Arbitration for Sport
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 32. Appeal to the Court of Arbitration for Sport Section 32(1) The Agency may lodge an appeal against a decision of the World Anti-Doping Agency or an International Federation to the Court of Arbitration for Sport in accordance with Article 4.4 of the Code. Section 32(2) Deleted by ActNo. 24 of 2020, s. 22. [Act No. 24 of 2020 , s. 22.]
Part V
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 33. Funds of the Agency
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.
Section 33. Funds of the Agency Section 33(1)(a) such monies as may be appropriated by the National Assembly; Section 33(1)(b) such monies or assets as may accrue or vest in the Agency in the course of the exercise of its powers or the performance of its functions under this Act; Section 33(1)(c) any grants, gifts, donations or other endowments as may be given to the Agency; and Section 33(1)(d) monies lent to or donated to the Agency. Section 33(2) Any funds donated or lent to, or gift made to the Agency shall be disclosed to the National Assembly and made public before use. - 34 Verify source ↗
FINANCIAL PROVISIONS - 34. Financial Year
The Agency's financial year is the twelve-month period ending on 30 June each year.
Section 34. Financial Year Section The financial year of the Agency shall be the period of twelve months ending on the thirtieth of June in each year. - 35 Verify source ↗
FINANCIAL PROVISIONS - 35. Annual estimates
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.
Section 35. Annual estimates Section 35(1) Three months before the commencement of each financial year, the Agency shall cause to be prepared estimates of the revenue and expenditure of the Agency for that year. Section 35(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the Agency; Section 35(2)(b) the payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Agency; Section 35(2)(c) the maintenance of the buildings and grounds of the Agency; and Section 35(2)(d) the creation of such funds to meet future or contingent liabilities in respect of, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Agency may consider necessary; Section 35(2)(e) all expenses related to the working and management of the Agency and its projects and other properties including proper provision for depreciation, wear and tear or renewal of assets, insurance and other matters as the board may consider necessary; Section 35(2)(f) such sums including compensation as may be payable by the Agency; Section 35(2)(g) taxes, rates and levies payable by the Agency under any law; and Section 35(2)(h) the funding of the activities of the Agency in respect of any financial year. - 36 Verify source ↗
FINANCIAL PROVISIONS - 36. Accounts and audit
The Agency must keep proper books and records of account covering income, expenditure, assets and liabilities.
Section 36. Accounts and audit Section 36(1) The Agency shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities. Section 36(2)(a) statement of the income and expenditure of the Agency during that year; and Section 36(2)(b) statement of the assets and liabilities of the Agency on the last day of that financial year. Section 36(3) The annual accounts of the Agency shall be prepared, audited and reported upon in accordance with the provisions of the Constitution and the Public Audit Act (Cap. 412B). - 37 Verify source ↗
FINANCIAL PROVISIONS - 37. Returns and reports
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.
Section 37. Returns and reports Section 37(1) The Agency shall furnish to the Cabinet Secretary, such returns, reports, accounts and information with respect to its property and activities as the Cabinet Secretary may, from time to time, require or direct. Section 37(2) Without prejudice to the generality of subsection (1), the Agency shall, within three months after the end of each financial year, cause to be made and submitted to the Cabinet Secretary a report dealing with the activities of the Agency and such report shall be published publicly and a copy provided to the World Anti-Doping Agency in accordance with Article 14.4 of the Code during the preceding financial year. [Act No. 18 of 2016 , s. 12.] - 38 Verify source ↗
FINANCIAL PROVISIONS - 38. Bank accounts
The Agency must open and maintain bank accounts in banks in Kenya with the approval of the National Treasury.
Section 38. Bank accounts Section The Agency with the approval of the National Treasury shall open and maintain bank accounts in such banks in Kenya as the Agency may consider necessary. - 39 Verify source ↗
FINANCIAL PROVISIONS - 39. Investment of funds
The Agency may invest its funds in securities, including trust funds and other securities approved by the Cabinet Secretary responsible for finance.
Section 39. Investment of funds Section The Agency may invest any of its funds in securities in it may by law invest trust funds, or in any other securities which the Cabinet Secretary for the time being responsible for finance may, from time to time, approve. - 40 Verify source ↗
FINANCIAL PROVISIONS - 40. Expenditure
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.
Section 40. Expenditure Section No expenditure shall be incurred by the agency except in accordance with the annual estimated estimates approved under section 34 or as approved by the Board.
Part VI
GENERAL PROVISIONS
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GENERAL PROVISIONS - 41. Confidentiality
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.
Section 41. Confidentiality Section A member of the Board or member of staff of the Agency shall not disclose any information obtained in the course of undertaking any function under this Act unless in accordance with the provisions of this Act and the law relating to information. - 41A Verify source ↗
GENERAL PROVISIONS - 41A. All persons to be bound by Rules
All persons shall be bound by the Anti-Doping Rules.
Section 41A. All persons to be bound by Rules Section All persons shall be bound by the Anti-Doping Rules. [Act No. 18 of 2016 , s. 13.] - 41B Verify source ↗
GENERAL PROVISIONS - 41B. Internal Rules to conform with the Code
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.
Section 41B. Internal Rules to conform with the Code Section Each sports federation shall prepare Rules requiring all athletes preparing for or participating in a competition or activity authorized or organised by a national federation or one of its member organisations, and each athlete support personnel associated with such athletes to agree to be bound by Anti-Doping Rules and the Agency’s results’ management authority in conformity with the Code as a condition for such participation. [Act No. 18 of 2016 , s. 13, Act No. 24 of 2020 , s. 23.] - 41C Verify source ↗
GENERAL PROVISIONS - 41C. Reports on violations
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.
Section 41C. Reports on violations Section All persons shall report any information suggesting or relating to an anti-doping rule violation to the Agency, and if it is a national federation, to its international federation. [Act No. 18 of 2016 , s. 13.] - 41D Verify source ↗
GENERAL PROVISIONS - 41D. Co-operation with the Agency
All persons must cooperate with investigations conducted by the Agency or other anti-doping organisations.
Section 41D. Co-operation with the Agency Section All persons shall cooperate with any investigations conducted by the Agency or other anti-doping organisation. [Act No. 18 of 2016 , s. 13, Act No. 20 of 2020 , s. 24.] - 42 Verify source ↗
GENERAL PROVISIONS - 42. Offences
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.
Section 42. Offences Section 42(1)(a) disobeys a summons by the Agency; Section 42(1)(b) fails to produce any sample, document, papers or any other thing on the order of the Agency; Section 42(1)(c) refuses to submit a sample or refuses to be examined in furtherance of this Act; Section 42(1)(d) fails to comply with any lawful order or direction of the Agency; Section 42(1)(e) presents to the Agency a false document or makes a false statement with the intent to deceive or mislead an investigating officer; Section 42(1)(f) wilfully obstructs or hinders any person acting in the performance of any function or exercise of powers conferred by this Act; Section 42(1)(g) in any way interferes with the functioning or operations of the Agency; or Section 42(1)(h) violates the rules relating to confidentiality, public disclosure and privacy of data, Section 42(2)(a) unlawfully transports or transfers prohibited substances, within or outside Kenya; Section 42(2)(b) stocks supplies of products containing prohibited substances in an unlawful manner; or Section 42(2)(c) administers applies or generally causes an athlete to use prohibited substances, Section 42(3)(a) uses or causes another person to use a prohibited substance or method; Section 42(3)(b) is found in possession of a prohibited substance; Section 42(3)(c) administers or attempts to administer a prohibited substance; or Section 42(3)(d) buys, sells, stocks, transports or in any way deals with a prohibited substance, Section 42(4)(a) prescribes or dispenses prohibited substances or methods to an athlete with the intent of doping; Section 42(4)(b) unlawfully administers prohibited substances or methods to an athlete; Section 42(4)(c) acquires, stocks or is found in unlawful possession of prohibited substances; or Section 42(4)(d) aids, abets or in any way encourages the unlawful use of prohibited substances in sport, Section 42(5)(a) a reprimand; Section 42(5)(b) withdrawal of some or all services that are funded by public resources or benefits currently provided directly or indirectly by the Agency or the Sports Fund; Section 42(5)(c) withdrawal of eligibility to receive services that are funded from public resources or benefits from or through the Agency, the Sports Fund or other source and the Agency shall impose conditions before it reinstates such eligibility; Section 42(5)(d) suspension of its funding from the Sports Fund and other governmental agencies for the period of non-compliance; Section 42(5)(e) withdrawal or withholding for a stated period, on terms to be determined by the Tribunal of some or all public funding awarded but not yet paid to the Agency; Section 42(5)(f) withdrawal of eligibility to receive public funding from the Sports Fund or other source in the future, with conditions provided for the reinstatement of such eligibility; Section 42(5)(g) refund any public and private funds given to it during the period of non-compliance; and Section 42(5)(h) be deregistered by the Sports Registrar: Section 42(6) An athlete, athlete support personnel or other person subject to the Anti-Doping Rules (sub. leg) who commits a violation contrary to the Anti-Doping Rules (sub. leg) shall be subject to the requisite sanctions, as set out in the Anti-Doping Rules. [Act No. 18 of 2016 , s. 14, Act No. 24 of 2020 , s. 25.] - 43 Verify source ↗
GENERAL PROVISIONS - 43. General penalty
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.
Section 43. General penalty Section A person who contravenes any provision of this Act for which no specific penalty is provided shall be liable to a fine of not less than one million shillings or to imprisonment for a term of not less than one year or to both such fine and imprisonment.
Part VII
PROVISIONS ON DELEGATED POWERS
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PROVISIONS ON DELEGATED POWERS - 45. Regulations
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.
Section 45. Regulations Section 45(1)(a) generally for the better carrying out of the provisions of this Act; and Section 45(1)(b) for prescribing anything that may be required to be prescribed under this Act. Section 45(2)(a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations for better carrying into effect the provisions of this Act; Section 45(2)(b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; Section 45(2)(c) the Statutory Instruments Act (Cap. 2A); Section 45(2)(c)(i) the Statutory Instruments Act (Cap. 2A); Section 45(2)(c)(ii) the Interpretation and General Provisions Act ( Cap. 2 ); Section 45(2)(c)(iii) the general rules of international law as specified under Article 2(5) of the Constitution; and Section 45(2)(c)(iv) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.
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