Kenya in rush against time to embrace new anti-doping code

The National Assembly Department on Sports, Culture and Tourism has recommended the passage of the Anti-Doping (Amendment) Bill of 2020 before the December 31, 2020 deadline.

The committee — chaired by Patrick Makau — pointed out the country risks incurring the wrath of the World Anti-Doping Agency if it fails to align its anti-doping laws with the new WADA codes and regulations within the agreed deadline.

“A failure to align the national legal framework with the 2021 Code, within the set timeline, will result in a declaration of non-compliance from WADA.

"The deadline for action is 31st December 2020. Non-compliance status means that Kenya shall be barred from participating in all future international sporting competitions. These include regional and international events,” the committee said.

Enacted in November last year, the code is a harmonised document outlining the antidoping policies, rules and regulations that all sports organisations and public authorities worldwide should adhere to.

Part of the committee’s activities to prepare the bill for passage has been to source for suggestions, needs and concerns from the public in line with article 118 of the constitution.

“The Committee is required, pursuant to Standing Order 127(3), to facilitate public participation on the Bill through an appropriate mechanism. Following the call for memoranda from the public as contained in an advertisement on 16th December, 2020, the Committee received one memorandum from the Anti-Doping Agency of Kenya,” the committee said.

Similarly, the Senate Standing Committee on Labour and Social Welfare has set December 29 as the final day for public submissions on the bill.

Part of the amendments in the act include the expansion of the proposed law to encompass board members, directors, officers and specified employees, and delegated third parties and their employees involved in any form of doping control. 

Moreover, the act proposes a repeal of section 31 to clarify on the jurisdiction of the Sports Disputes Tribunal over anti-doping cases that may be brought before them. 

The new act also includes a provision for multi-agency collaboration in the fight against doping control. 

During the celebrations to mark Athletics Kenya's 70th anniversary, Sports CS Amina Mohammed said the government will work closely with the Anti-Doping Agency of Kenya in a multi-agency effort to stamp the vice. 

Some of the stakeholders that may be roped in these renewed efforts include the Immigration department, security forces, sports federations and health professionals, among others. 

The World Anti-Doping Code is reviewed and revised every five years in response to scrupulous persons who are constantly evolving clever ways to dope without being noticed. 

The first code was developed in 2004 and was last revised in 2015.