This Act may be cited as the Anti-Doping Act, 2016.
In this Act, unless the context otherwise requires—
means a laboratory approved by the World Anti-doping Agency to analyse samples for the presence of prohibited substances in accordance with International Standards;
deleted by Act No. 24 of 2020, s. 2(b);
means the Anti-Doping Agency of Kenya established under section 5;
means anti-doping education and information, test distribution planning, maintenance of a registered testing pool, managing Athlete Biological Passports, conducting testing, organising analysis of samples, gathering of intelligence and conduct of investigations, processing of therapeutic use exemptions applications, results management, hearings, monitoring and enforcing compliance with any consequences imposed, and all other activities related to anti-doping to be carried out by or on behalf of an anti-doping organisation, as set out in the World Anti-Doping Code and in the International Standards;
means a web-based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and the World Anti-doping Agency in anti-doping operations;
includes the Regulations made under this Act;
means any person who competes in sport at the international level as defined by an international federation or at the national level as defined by the Agency;
means the program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories;
includes a coach, trainer, manager, agent, team staff, official, medical or paramedical personnel, parent or any other person working with, treating or assisting an athlete participating in or preparing for a sports competition;
deleted by Act No. 18 of 2016, s. 2;
means the board of Anti-Doping Agency of Kenya established under section 10;
means the Cabinet Secretary responsible for matters relating to sport;
means the United Nations Educational, Scientific and Cultural Organization Convention Against Doping in Sport;
means the World Anti-Doping Code that has been adopted by sports organizations, international sports federations and national anti-doping organizations to regulate doping in sports;
means the Therapeutic Use Committee established under section 23 of the Act;
means a court set up by the International Council of Arbitration for Sport;
means a single race, match, game or singular sport contest;
deleted by Act No. 24 of 2020, s. 2 (c);
means any person to which the Agency delegates any aspect of doping control or anti-doping education programs including, but not limited to, third parties or other Anti-Doping Organisations that conduct sample collection or other doping control services or anti-doping educational programs for the Agency, or individuals serving as independent contractors who perform doping control services for the Agency, but does not include the Court of Arbitration for Sport (CAS);
means the use of prohibited substances and methods in any sporting activity whether competitive or recreational in order to artificially enhance performance;
means the steps and processes commencing with test distribution planning to the disposition of any appeal and the enforcement of consequences, including steps and processes in between, including but not limited to provision of testing, investigations, whereabouts information, therapeutic use exemptions, sample collection and handling, laboratory analysis, results management, and hearings and appeals, and investigations or proceedings relating to violations of Article 10.14 (status during ineligibility or provisional suspension) of the World Anti-Doping Code;
means the process of learning to instill values and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintentional doping;
means a series of separate competitions conducted together under one ruling body;
deleted by Act No. 18 of 2016, s. 2;
means the period commencing one minute to midnight on the day before a competition in which the athlete is scheduled to participate through the end of such competition and the sample collection process related to such competition, unless provided otherwise in the rules of an international federation or the body in charge of an event;
means the independence of the hearing panels on appeal from the Anti-Doping Organisation responsible for results management;
Note: They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organisation responsible for results management;
means an athlete who competes in sport at the international level, as defined by each international federation, consistent with the International Standard for Testing and Investigations;
means the organization created by the Congress of Paris on June 23, 1894 and entrusted with the control and development of the modern Olympic Games;
means the organization established on September 22, 1989, to enable paralympic athletes to achieve sporting excellence and to inspire and excite the world and entrusted with the control and development of the Paralympic Games;
means a standard adopted by the World Anti-Doping Agency in support of the Code and includes any technical documents issued pursuant to the International Standard;
means a certificate issued to a professional sports body, coach, agent, or a professional sports person for purposes of carrying out the activities of the relevant sport;
means a compound, group of compounds or biological variables that indicates the use of a prohibited substance or prohibited method;
includes the Chairperson and members of the Board established under section 10 of this Act;
means any substance produced by a biotransformation process;
means a natural person who has not reached the age of eighteen years;
means the entity designated by each country as possessing the primary authority and responsibility to adopt and implement Anti-Doping Rules, direct the collection of samples, the management of test results, and the conduct of hearings at the national level and where this designation has not been made by the competent public authorities, the entity shall be the country's National Olympic Committee or its designee;
means athletes who compete in sport at the national level, as defined by each national anti-doping organisation, consistent with the International Standard for Testing and Investigations. In Kenya, national level athletes are defined as any athletes who —
participate in the national leagues, county leagues, events or competitions organized by their federations or by any sports organisation or club;
are affiliated to a federation, national league, county league, sports organisation or club; or
participate in competitions or events organized by schools, colleges or other institutions;
includes an umbrella body responsible for Olympic, non-Olympic, Paralympic or Deaflympic sports or multi-sport organization responsible for all sports disciplines or recreational bodies or body responsible for a particular sport nationally and it may be affiliated to an international federation or not;
means—
that board members, staff members, commission members, consultants and officials of the Anti-Doping Organization with responsibility for results management or its affiliates who may include a member federation or confederation, as well as any person involved in the investigation and pre-adjudication of the matter cannot be appointed as members or clerks (to the extent that such clerk is involved in the deliberation process or drafting of any decision) of hearing panels of that Anti-Doping Organization with responsibility for results management; and
that hearing panels shall be in a position to conduct the hearing and decision making process without interference from the Agency or any third party;
means any period when not in-competition;
deleted by Act No. 18 of 2016, s. 2;
means any athlete or athlete support person;
deleted by Act No. 24 of 2020, s. 2(f);
means sports for which a contract for engagement and remuneration has been entered into by a club or sports organization and the professional sports persons;
means a person who is, on the basis of a contract for engagement and remuneration, preparing or training for the purposes of participating in the relevant sports competition at national or international level;
deleted by Act No. 24 of 2020, s. 2 (g);
means the list developed by the World Anti-doping Agency for purposes of identifying the prohibited substances and prohibited methods;
means any method so described on the prohibited list;
means any substance, or class of substances, so described on the Prohibited List;
means an athlete or other natural person who at the time of the anti-doping rule violation—
has not reached the age of sixteen years;
has not reached the age of eighteen years and is not included in any Registered Testing Pool and has never competed in any international event in an open category; or
for reasons, other than age has been determined to lack legal capacity under applicable national legislation;
means voluntary participation in a physical or mental activity for enjoyment, improvement of general health, well-being and the development of skills of an individual;
means any person who engages or participates in sport or fitness activities for recreational purposes and does not include any person who, within the five years prior to committing any anti-doping rule violation, has been an international-level athlete (as defined by each International Federation consistent with the International Standard for Testing and Investigations) or national-level athlete (as defined by each National Anti-Doping Organization consistent with the International Standard for Testing and Investigations), has represented any country in an international event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti-Doping Organization; and
means the pool of highest-priority athletes established separately at the international level by International Federations and at the national level by National Anti-Doping Organizations, who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti-Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.6 of the World Anti-Doping Code and the International Standard for Testing and Investigations;
means the Sports Registrar appointed under section 45 of the Sports Act (No. 25 of 2013);
means the process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management, or in cases which may include Atypical Finding, Athlete Biological Passport or whereabouts failure, such pre-notification steps expressly provided for in Article 5 of the International Standard for Results Management, through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on appeal, if an appeal is lodged.
means any biological material collected for the purposes of doping control;
means a body registered in Kenya for purposes of promoting sports;
deleted by Act No. 24 of 2020, s. 2(h);
means selection of specific athletes for testing based on criteria set forth in the International Standard for Testing and Investigations;
means the parts of the doping control process involving test distribution planning, sample collection, sample handling, and sample transport to the laboratory;
means an exemption that allows an athlete with a medical condition to use a prohibited substance or prohibited method, but only if the conditions set out in Article 4.4. of the World Anti-Doping Code and the International Standard for Therapeutic Use Exemptions are met;
means selling, giving, transporting, sending, delivering or distributing, or possessing for any such purpose, a prohibited substance or prohibited method (either physically or by any electronic or other means) by an athlete, athlete support person or any other person subject to the jurisdiction of an anti-doping organisation to any third party:
Provided, however, this definition shall not include the actions of "bona fide" medical personnel involving a prohibited substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving prohibited substances which are not prohibited in out-of-competition testing unless the circumstances as a whole demonstrate such prohibited substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance;
means the Sports Tribunal established under section 55 of the Sports Act (No. 25 of 2013);
means the International Convention against Doping in Sport adopted by the 33rd session of the United Nations Educational Scientific and Cultural Organization General Conference on 19th October, 2005, including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport;
means the utilization, application, ingestion, injection or consumption by any means of any prohibited substance or prohibited method; and
means a sports body set up for the purposes of coordinating anti-doping activities worldwide.
This Act applies to—
the Agency;
the following persons' whether or not they are minors—
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;
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 organisation of any national federation in Kenya including any clubs, teams, associations or leagues, wherever held; and
other persons present in Kenya over whom the Convention, Code, International Standards or the Anti-Doping Rules give the Agency jurisdiction;
manufacturers, importers, stockists, distributors and sellers of products containing prohibited substances or methods;
national federations, national sports organizations, sports organizations, fitness centres and gyms; and
board members, directors, officers and specified employees, and delegated third parties and their employees, who are involved in any aspect of doping control, of the entities specified under paragraphs (a) to (d).
[Act No. 18 of 2016, s. 3, Act No. 24 of 2020, s. 3.]
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—
protect the fundamental right of athletes to participate in sports activities that are free from doping;
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; and
safeguard the physical health and mental integrity of athletes.
[Act No. 24 of 2020, s. 4.]
There is established a body to be known as the Anti-Doping Agency of Kenya.
The Agency shall be a body corporate with perpetual succession and a common seal which shall be capable, in its corporate name, of—
suing and being sued;
owning, taking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property;
receiving and borrowing money;
entering into contracts; and
doing or performing all such other acts which may lawfully be done or performed by a body corporate.
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.
Deleted by Act No. 24 of 2020, s. 5(b).
Deleted by Act No. 24 of 2020, s. 5(c). [Act No. 18 of 2016, s. 4, Act No. 24 of 2020, s. 5.]
The headquarters of the Agency shall be in Nairobi.
The functions of the Agency shall be to—
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;
create awareness in order to discourage the practice of doping in sport among the public and the sporting community in particular;
develop a national strategy to address doping in sport in collaboration with the Ministry;
implement the World Anti-Doping Code and associated International Standards;
periodically gazette International Standards;
use World Anti-Doping Agency accredited laboratories for analysis of samples and other required specimen;
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;
undertake, co-ordinate or arrange for research to be undertaken in the field of performance-enhancing substances and methods and doping practices in sport;
promote and implement the application of various guidelines and international standards in matters related to anti-doping;
oversee the processes of the Committee;
carry out investigations in matters of doping in sports;
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;
implement the Prohibited List as published by the World Anti-Doping Agency from time to time;
select athletes who are to be requested to provide samples for testing when necessary;
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;
summon, investigate and call for any document, evidence or person that may be required for the enforcement of the Act;
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;
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;
maintain data of all prohibited substances in accordance with the directions of the World Anti-doping Agency;
maintain the Whereabouts Register and a Registered Testing Pool in the Anti-doping Administration and Management System in accordance with the Code;
prosecute anti-doping offences before the Tribunal or the courts;
plan, implement, evaluate and promote anti-doping education in line with the requirements of the International Standard for Education;
vigorously undertake results management and ensure proper enforcement of consequences in accordance with the Agency's rules and the Code;
deleted by Act No. 24 of 2020, s. 7(a)(vii);
implement the Anti-Doping Administration and Management System program;
adopt a policy implementing the requirements for the encouragement and protection of whistleblowers; and
carry out any other function conferred by or under this Act and any other relevant treaty.
In the performance of its functions, the Agency shall—
address the needs of minors;
take into account the needs of persons with disabilities or other persons with special needs; and
ensure that data privacy requirements and the rights of everyone involved in the doping control procedures are respected.
The Agency may delegate any aspect of doping control or anti-doping education to a delegated third party and shall—
require the delegated third party to perform such aspects in compliance with the Code, International Standards, and this Act; and
always remain fully responsible for ensuring that the delegated aspects are performed in compliance with the Code.
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.]
The Agency shall have all the powers necessary for the proper performance of its functions under this Act.
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—
not require the consent of any person or authority to commence any investigations or impose any administrative sanctions; and
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.
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.]
There shall be a Board of the Agency which shall consist of—
a Chairperson appointed by the President;
the Principal Secretary to the National Treasury or a representative;
the Attorney General or a representative designated in writing by the Attorney General;
the Principal Secretary for matters relating to sports or a representative;
the Chief Executive Officer who shall be the Secretary to the Board; and
not more than five other persons appointed by virtue of their knowledge and experience in sports, appointed by the Cabinet Secretary.
A person shall be qualified to be appointed as a member of the Board if such person—
holds a post-secondary school education qualification recognised in Kenya;
has at least ten years' experience in matters relating to anti-doping, sports, management, administration or any other relevant field; and
satisfies the requirements of Chapter 6 of the Constitution.
The Cabinet Secretary shall, in appointing members of the Board, ensure compliance with the Constitution.
The appointment of members under subsection (1) (a) and (e) shall be by name and by notice in the Kenya Gazette.
A person shall not be appointed as a member of the Board if that person—
is a member of or an official in a national sports federation;
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;
is an athlete, athlete support personnel or an official of a sports organization, sports club or sports federation;
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;
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
is an undischarged bankrupt.
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.]
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.
The Chairperson and members of the Board shall serve on part time basis.
A person may be removed as a member of the Board if that person—
violates the provisions of Chapter 6 of the Constitution;
is incapacitated by prolonged physical or mental illness and is unable to discharge the duties of his office;
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;
is convicted of an offence and imprisoned for a term of more than six months;
fails to comply with the provisions of the Act relating to disclosure;
is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors; or
no longer meets the requirements for their appointment as set out in section 10(2) and (5) of this Act.
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.]
A vacancy may arise in the Board where a member—
resigns in writing to the President or the Cabinet secretary as the case may be;
dies; or
is removed under section 12.
The appointing authority shall fill a vacancy in the Board—
as soon as is practicable; and
with a person with similar qualifications as the one who resigned, died or was otherwise removed from the Board.
The Board shall have the powers necessary to oversight the proper performance of the functions of the Agency under this Act.
Without prejudice to the generality of the foregoing, the Board shall have power to—
control, supervise and administer the assets of the Agency in such manner as best promotes the purpose for which the Agency is established;
determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Agency;
receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom;
authorize the opening of such banking accounts for the funds of the Agency as may be necessary;
invest any of the funds of the Agency not immediately required for its purposes;
approve the strategic plan, lay down policy guidelines for operations and management of all funds collected by the Agency;
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
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.
[Act No. 24 of 2020, s. 10.]
The conduct and regulation of the business and affairs of the Board shall be as set out in the Schedule.
Subject to the provisions of the Schedule, the Board may determine its own procedure and the procedure for any committee of the Board.
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.
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.
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.
No decision of any committee of the Board shall be effective unless it has been confirmed by the Board.
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.
No person shall be appointed as Chief Executive Officer unless the person—
possesses a postgraduate degree from a recognized institution and has a least five years working experience in sports or administration;
has knowledge and experience in matters of Anti-doping; and
satisfies the requirements of Chapter 6 of the Constitution.
The Chief Executive Officer shall be the Secretary to the Board.
The Chief Executive Officer shall be responsible for the—
implementation of the decisions of the Board;
day to day management of the affairs of the Agency and in particular for the implementation of the policies and programmes in relation to anti-doping activities including but not limited to—
education and awareness;
research;
testing;
investigations;
results management;
administrative support to the Therapeutic Use Exemption Committee;
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;
organization and management of the staff; and
any other function as may be directed by the Board.
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.]
The Chief Executive Officer may be removed from office by the Board for—
inability to perform the functions of his office arising out of physical or mental incapacity;
misbehavior or misconduct;
incompetence; or
violation of chapter six of the Constitution.
The Chief Executive Officer shall be given an opportunity to be heard before he or she is removed under this section.
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.
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.
Subject to applicable law, the Agency may not employ a person in any position involving doping control (other than authorized anti-doping education or rehabilitation programs) who—
has been provisionally suspended;
is serving a period of ineligibility under the Agency’s Anti-Doping Rules or the World Anti-Doping Code; or
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.
[Act No. 24 of 2020, s. 12.]
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.
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.
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.
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.
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.
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.]
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.]
There is established the Therapeutic Use Exemption Committee.
The Committee shall comprise of the following persons appointed by the Agency—
a chairperson who is a medical doctor with over seven years' experience in matters related to sport;
a medical doctor of not less than five years experience in matters relating to sports;
a clinical pharmacist of not less than five years experience in matters relating to sports;
an international level athlete who has since retired; and
a sports administrator who shall have retired at least two years prior to the appointment.
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.
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.
The quorum for the conduct of the business of the Committee shall be three members of whom at least one, shall be a doctor.
The Committee shall be guided by the following in the performance of their work—
the Code and International Standards;
International Guidelines on Therapeutic Use Exemption;
the Prohibited List; and
the provisions of this Act.
The functions of the Committee shall be to—
receive, review and approve applications for the grant of therapeutic use exemption by athletes who compete at the national level;
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;
review therapeutic use exemptions issued by an international federation for compliance with the International Standard for Therapeutic Use Exemptions; and
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.
[Act No. 18 of 2016, s. 7, Act No. 24 of 2020, s. 14.]
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.
An international-level athlete, or an athlete who participates in an international event, with a medical condition requiring the use of a prohibited substance or prohibited method, may, in accordance with the International Standard for Therapeutic Use Exemptions, apply directly to its international federation no later, except in emergency situations, than—
thirty days before his participation in an international event; or
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.
An application under subsections (1) or (2) shall be made—
immediately after the athlete becomes aware that the use of a prohibited substance or prohibited method is required; and
subject to any circumstance of emergency, no later than thirty days prior to the participation of the athlete in any competition or event.
The decision of the Committee may be appealed in a manner specified in the Anti-Doping Rules. [Act No. 24 of 2020, s. 15.]
The Agency shall establish a Registered Testing Pool.
The Agency, shall in accordance with the Anti-Doping Rules, publish criteria for the inclusion of an athlete in its Registered Testing Pool.
The Agency shall notify an athlete, in writing, of that athlete inclusion in its Registered Testing Pool. [Act No. 24 of 2020, s. 16.]
Deleted by Act No. 18 of 2016, s. 8.
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.
In the case of a minor, the guardian shall sign such acceptance referred to in subsection (1) and submit the acceptance to the Agency.
In the case of a team related sport, the team shall sign a team declaration which shall bind the team collectively and individually.
Deleted by Act No. 18 of 2016, s. 9
An athlete 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;
be responsible for ensuring that no prohibited substance enters his or her body;
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;
be available for, and submit to, in-competition and out-of-competition testing at any time and place, with or without advance notice;
be responsible for any prohibited substance or its metabolites or markers found to be present in his bodily specimen; and
disclose the identity of their athlete support personnel upon request by the Agency.
An athlete support personnel shall—
cooperate with the anti-doping program of the Agency;
use his or her influence to foster anti-doping attitudes among athletes.
be knowledgeable of and comply with the Anti-Doping Rules;
not use or possess any prohibited substance or prohibited method without valid justification; and
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.
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.]
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.
A sample and related analytical data or doping control information shall be analysed—
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;
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
for any other legitimate anti-doping purpose.
Samples, related analytical data and doping control information may be used for anti-doping research purposes, subject to written consent of the athlete.
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.
The results of all tests sample analysis shall be submitted to the Agency. [Act No. 24 of 2020, s. 18.]
The Agency shall for purposes of enforcing this Act appoint anti-doping compliance officers.
A person appointed as an anti-doping compliance officer under subsection (1) —
shall hold office subject to such terms and conditions as the Agency may determine;
deleted by Act No. 24 of 2020, s. 19(b)(ii);
deleted by Act No. 24 of 2020, s. 19 (b)(ii);
shall be responsible for enforcing the provisions of section this Act.
The Agency may amend or withdraw the appointment of anti-doping compliance officers under this Act.
Deleted by Act No. 24 of 2020, s. 19 (c); [Act No. 18 of 2016, s. 10, Act No. 24 of 2020, s. 19.]
An authorised Anti-Doping compliance officer acting in accordance with the enabling statutory provisions may—
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
seize, detain, and where applicable remove for detention the prohibited substances found in such premises, vessel or vehicle.
If the anti-doping compliance officer suspects that any person found at the premises, vessel or vehicle may provide any useful information, he or she may—
interrogate that person and record a statement from that person; or
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.
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.
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.
Before acting under this section, an anti-doping compliance officer shall, if required to do so, produce documents of his or her appointment.
The Tribunal shall have jurisdiction to hear and determine cases on—
anti-doping rule violations on national and lower level athletes and athlete support personnel;
anti-doping rule violations on other persons subject to the Anti-Doping Rules;
anti-doping rule violations arising from national and lower level events;
Therapeutic Use Exemptions (TUE) decisions of Anti-Doping Agency of Kenya (ADAK); and
matters of compliance of sports organisations in the first instance and appellate level.
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 (No. 25 of 2013), and the Agency's Anti-Doping Rules, amongst other legal sources.
The Tribunal shall establish its own procedures.
Appeal level disputes involving national and lower level athletes, athlete support personnel, sports federations, sports organisations, professional athletes and other persons subject to the Anti-Doping Rules shall be resolved by the Tribunal—
which shall consist of a panel of three members appointed by the Chairperson of the Tribunal; and
after the panel members have signed a no conflict of interest declaration in form provided by the Agency.
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.
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.
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.]
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.
Deleted by Act No. 24 of 2020, s. 22. [Act No. 24 of 2020, s. 22.]
The funds of the Agency shall consist of—
such monies as may be appropriated by the National Assembly;
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;
any grants, gifts, donations or other endowments as may be given to the Agency; and
monies lent to or donated to the Agency.
Any funds donated or lent to, or gift made to the Agency shall be disclosed to the National Assembly and made public before use.
The financial year of the Agency shall be the period of twelve months ending on the thirtieth of June in each year.
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.
The annual estimates shall make provision for all the estimated expenditure of the Agency for the financial year concerned and in particular, shall provide for—
the payment of the salaries, allowances and other charges in respect of the staff of the Agency;
the payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Agency;
the maintenance of the buildings and grounds of the Agency; and
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;
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;
such sums including compensation as may be payable by the Agency;
taxes, rates and levies payable by the Agency under any law; and
the funding of the activities of the Agency in respect of any financial year.
The Agency shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities.
Within a period of three months after the end of each financial year, the Agency shall submit to the Auditor-General the accounts of the body corporate in respect of that year together with a—
statement of the income and expenditure of the Agency during that year; and
statement of the assets and liabilities of the Agency on the last day of that financial year.
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, 2015. (No. 34 of 2015).
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.
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.]
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.
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.
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.
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.
All persons shall be bound by the Anti-Doping Rules. [Act No. 18 of 2016, s. 13.]
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.]
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.]
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.]
A person or body who—
disobeys a summons by the Agency;
fails to produce any sample, document, papers or any other thing on the order of the Agency;
refuses to submit a sample or refuses to be examined in furtherance of this Act;
fails to comply with any lawful order or direction of the Agency;
presents to the Agency a false document or makes a false statement with the intent to deceive or mislead an investigating officer;
wilfully obstructs or hinders any person acting in the performance of any function or exercise of powers conferred by this Act;
in any way interferes with the functioning or operations of the Agency; or
violates the rules relating to confidentiality, public disclosure and privacy of data,
commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.
A person or body who—
unlawfully transports or transfers prohibited substances, within or outside Kenya;
stocks supplies of products containing prohibited substances in an unlawful manner; or
administers applies or generally causes an athlete to use prohibited substances,
commits an offence and shall be liable, on conviction, to a fine of not less than three million shillings or to imprisonment of not less than three years or to both such fine and imprisonment. In case of corporate bodies, in addition to the fine, the trading licence of the respective corporate body shall be withdrawn for a period of not less than one year.
A person participating in recreational sport in a gym, fitness centre, private club or other similar facility who—
uses or causes another person to use a prohibited substance or method;
is found in possession of a prohibited substance;
administers or attempts to administer a prohibited substance; or
buys, sells, stocks, transports or in any way deals with a prohibited substance,
commits an offence and is be liable, on conviction, to a fine of not less than one hundred thousand shillings or to imprisonment or for a term of not less than one year or to both such fine and imprisonment: Provided that if such a person is an athlete or athlete support personnel then such a person shall be subjected only to the sanctions specified in subsection (6).
A medical practitioner, pharmacist, veterinary surgeon, dentist, nurse, physiotherapist, traditional herbalist, or any other health related professional who—
prescribes or dispenses prohibited substances or methods to an athlete with the intent of doping;
unlawfully administers prohibited substances or methods to an athlete;
acquires, stocks or is found in unlawful possession of prohibited substances; or
aids, abets or in any way encourages the unlawful use of prohibited substances in sport,
commits an offence and shall be liable upon conviction to a fine of not less than three million shillings or to imprisonment for a term of not less than three years or to both such fine and imprisonment, and shall have his or her professional licence revoked for a period of not less than one year.
A registered sports body that commits any of the prohibited activities set out under this Act, shall be subject to one or a combination of any of the following sanctions—
a reprimand;
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;
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;
suspension of its funding from the Sports Fund and other governmental agencies for the period of non-compliance;
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;
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;
refund any public and private funds given to it during the period of non-compliance; and
be deregistered by the Sports Registrar:
Provided that, in addition, any athlete support personnel identified as being responsible for non-compliance with any rule made under this Act shall be subjected to the sanctions under subsection (6).
An athlete, athlete support personnel or other person subject to the Anti-Doping Rules who commits a violation contrary to the Anti-Doping Rules 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.]
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.
All property, assets, rights, liabilities, obligations, agreements, conveyances, deeds, leases, licences, permits, exemptions, power of attorney, undertakings, securities and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Anti-doping Agency of Kenya established under the Anti-doping Agency of Kenya Order, 2015 (L.N. 256/2015) (hereinafter referred to as "the former Agency"), shall upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Agency to the same extent as they were enforceable by or against "the former Agency" before the commencement of this Act.
A person who, immediately before the commencement of this Act, was an employee of "the former Agency" shall, on the commencement of this Act, be deemed to be an employee of the Agency.
The Cabinet Secretary may, in consultation with the Agency make regulations—
generally for the better carrying out of the provisions of this Act; and
for prescribing anything that may be required to be prescribed under this Act.
For the purposes of Article 94 (6) of the Constitution—
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;
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;
the principles and standards applicable to the delegated power referred to under this section are those found in—
the Statutory Instruments Act, 2013 (No. 23 of 2013);
the Interpretation and General Provisions Act (Cap. 2);
the general rules of international law as specified under Article 2 (5) of the Constitution; and
any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.