The Anti-Doping Agency of Kenya Order, 2015

Section 1. Citation Section This Order may be cited as the Anti-Doping Agency of Kenya Order.

Section 2. Interpretation Section In this Order, unless the context otherwise requires ― “Agency” means the Anti-doping Agency established under paragraph 3; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to sports; and "Chief Executive Officer" means the Chief Executive Officer appointed under paragraph 13.

Section 3. Establishment and composition of Agency. Section suing and being sued;

Section 4. Functions of the Agency. Section to advise the Government on all relevant matters relating to anti-doping;

Section 5. Board of the Agency. Section 5(1)(a) a Chairperson appointed by the President; Section 5(1)(b) the Chief Executive of the Agency appointed under paragraph 13; Section 5(1)(c) the Principal Secretary to the National Treasury or a representative; Section 5(1)(d) the Principal Secretary for matters relating to sports or a representative; Section 5(1)(e) not more than six persons appointed by virtue of their knowledge and experience in sports, appointed by the Cabinet Secretary. Section 5(2) The Cabinet Secretary shall in appointing members of the Board ensure the representation of women, youth and persons with disabilities. Section 5(3) The appointment of members under paragraph 1 (a) and (e) shall be by name and by notice in the Kenya Gazette .

Section 6. Qualifications for Appointment. Section holds a degree from a recognized university;

Section 7. Term of office Section The Chairperson and members of the Agency appointed under paragraph 6 (1) (a), (b) and (e) shall serve for a term of three years and shall be eligible for re-appointment for one further term.

Section 8. Vacancy of office Section 8(1)(a) if the member resigns by giving notice in writing, in the case of the Chairperson, to the President and in the case of any other member, to the Cabinet Secretary, which notice shall take effect on the date specified therein, and, where no date is specified, on the date of receipt of the notice by the President or the Cabinet Secretary, as the case may be. Section 8(1)(b) if the appointment is revoked by the President or Cabinet Secretary; Section 8(1)(c) becomes insolvent or enters into a scheme of arrangement for the benefit of his or her creditors; Section 8(1)(c)(i) becomes insolvent or enters into a scheme of arrangement for the benefit of his or her creditors; Section 8(1)(c)(ii) is convicted of any offence by a court of competent jurisdiction; Section 8(1)(c)(iii) is incapacitated by reason of infirmity of body or mind; Section 8(1)(c)(iv) is absent from three consecutive meetings of the Board without the leave of the Chairperson; Section 8(1)(c)(v) is otherwise unable or unfit to discharge the functions of the Board; or Section 8(1)(c)(vi) dies. Section 8(2) Where the office of the Chairperson or a member of the Agency becomes vac...

Section 9. Functions of the Board. Section The Board shall be responsible for the administration and management of the Agency.

Section 10. Powers of the Board. Section administer its assets in such manner that best promotes the purpose for which the Agency is established;

Section 11.Missing Title Section Gather relevant information, including requisition of reports, records, documents or any information from any source, including governmental authorities, and maintain a database on anti-doping.

Section 12. Meetings of the Board. Section 12(1) The Chairperson shall preside over all meetings of the Board and in the absence of the Chairperson, the other members present at the meeting shall appoint one of the members to act as Chairperson for the purpose of that meeting. Section 12(2) The quorum for a meeting shall be two thirds of the members of the Board. Section 12(3) The Board may co-opt, for such period as it may consider necessary, not more than three persons whose assistance or advice it may require, but the persons so co-opted shall not be considered as members for the purpose of forming a quorum and shall not be entitled to vote at any meeting of the Board. Section 12(4) Every decision of the Board shall be by a simple majority of the members present and voting but the Chairperson or the person appointed to be the Chairperson under subparagraph (1) shall have a casting vote. Section 12(5) Subject to this Order, the Board may regulate its own proceedings.

Section 13. Chief Executive Officer. Section 13(1) There shall be a Chief Executive Officer of the Agency who shall be recruited and appointed by the Cabinet Secretary on the recommendation of the Board. Section 13(2) The Chief Executive Officer shall be the secretary to the Board and shall be responsible for the day to day operations and administration of the Agency. Section 13(3) The Chief Executive Officer shall hold office for such period and on such terms and conditions of employment as the Board may determine with the approval of the Cabinet Secretary. Section 13(4)(a) holds at least a degree from a recognised university; Section 13(4)(b) has at least ten years’ post-qualification experience in a relevant field; and Section 13(4)(c) meets the requirements of Chapter Six of the Constitution.

Section 14. Staff. Section The Agency may employ such officers and other staff or agents as it may consider necessary for the discharge of its functions and duties under this Order, upon such terms and conditions of service as the Board may determine.

Section 15. Remuneration. Section The Agency shall pay such remuneration, fees, allowances and such other reimbursement to members of the Board as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

Section 16. Delegation of the Agency. Section The Board may, by resolution either generally or in any particular case, delegate to a committee of the Board, member, officer, employee or agent of the Agency, the exercise of any powers or the performance of any of the functions or duties of the Agency.

Section 17. Execution of Documents. Section 17(1) The common seal of the Agency shall be authenticated by the signature of the Chairperson and the Chief Executive Officer, or by either the Chairperson or the Chief Executive Officer, together with one member other than an ex officio member of the Board authorized in writing by the Board in that behalf. Section 17(2) Any document, other than a document which is required by any law to be made under seal, and any decision of the Board, may be signified under the hand of the Chairperson, or the Chief Executive Officer or any other member of the Board or any other person authorized in writing by the Board in that behalf.

Section 18. Protection from liability. Section No matter or anything done by the Chairperson or any other member of the Agency or any officer, employee or agent of the Agency shall, if the matter or thing is done in good faith for the purpose of executing any provision of this Order, render the Chairperson, member, officer, employee or agent or any person acting under the directions of those persons, personally liable to any action, claim or demand.

Section 19. Liability of damages. Section The provisions of this Order shall not relieve the Agency of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Order or by the failure, whether wholly or partially, of any action.

Section 3. Headquarters of the Agency. Section The headquarters of the Agency shall be in Nairobi.

Section 21. Financial year Section The financial year of the Agency shall be the period of twelve months ending on the thirtieth of June each year.

Section 22. Funds of the Agency. Section such monies or assets as may accrue to or vest in the Agency, in the course of the exercise of its powers or the performance of its functions under this Order;

Section 23. Annual estimates Section 23(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Agency for that financial year. Section 23(2)(a) payment of salaries, allowances and other charges in respect of the Board members and the staff of the Agency; Section 23(2)(b) payment of pensions, gratuities and other charges in respect to retirement benefits to the staff of the Agency; and Section 23(2)(c) proper maintenance, repair, and replacement of the equipment and other movable property of the Agency. Section 23(3) The Board shall approve the annual estimates before the commencement of the financial year to which they relate and once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 23(4) No expenditure shall be incurred for the purposes of the Agency except in accordance with the annual estimates approved under subparagraph (3) or with the authorization of the Agency given with prior written approval of the Cabinet Secretary.

Section 24. Accounts and Audit. Section 24(1) The Board shall cause to be kept, proper books and other records of accounts of the income, expenditure, assets and liabilities of the Agency. Section 24(2) The accounts of the Agency shall be audited and reported upon in accordance with the provisions of the Public Audit Act (412B).

Section 25. Investment of funds. Section 25(1) The Board may invest any of the funds of the Agency in securities in which the Agency may by law invest trust funds, or in any other securities which the National Treasury may, from time to time, approve.

Section 26. Annual Report. Section 26(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary, a report on the operations of the Agency for the immediately preceding financial year. Section 26(2) The Cabinet Secretary shall present the annual report to the President.