Anti-Doping Act

Section 1. Short title Section This Act may be cited as the Anti-Doping Act.

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;

Section 3. Application of the Act Section the Agency;

Section 4. Purpose of the Act Section protect the fundamental right of athletes to participate in sports activities that are free from doping;

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.]

Section 6. Headquarters of the Agency Section The headquarters of the Agency shall be in Nairobi.

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...

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.

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.]

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 1...

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.

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.]

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.

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 under...

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.

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.

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 Se...

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.

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.

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.

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.

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.]

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...

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.]

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.]

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.]

Section 26.[Deleted by ActNo. 18 of 2016, s. 8.]

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 responsibi...

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 Agen...

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.]

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 off...

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 Inte...

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.]

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.

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.

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 Age...

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).

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.]

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.

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.

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.

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.

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...

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.

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.]

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.]

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.]

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.]

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.