No 18 Of 2016 - as Plain Text by MWakili

,liII SPECIAL ISSUE Kenya Gazette Supplement No.

102 (Acts No.

l8) REPUBLIC OF KENYA KENYA PPLEM ENT GAZETTE SU ACTS,201 6 NAIROBI, 27th June, 2016 CONTENT Act- PAGE The Anti-Doping (Amendment) Act,20l6 .399 i $tffit3W"lI =dffiD i0 fi DrC ?01$ PO.

3"-: xr -: 4 '1:] - C'Ll 1 00 PRINTED AND PI.JBLISHED BY TTIE GOVERNMENT PRINTER, NAIROBI IIi 399 TIIE ANTI.DOPING (AMENDMENT) ACT No.

18 of 2016 Date of Assent: 23rd June, 2016 Date of Comrnencement: 27th June,2016 AN ACT of Parliament to amend the Anti-Doping Act and for connected purposes ENACTED by the Parliament of Kenya, as follows- 1.

This Act may be cited as the Anti-Doping Shorttide' (Amendment) Act, 2O16 and shall come into force upon publication in the Gazette.

2.

The Anti-Doping Act, 2016, hereinafter referred Amendment of section 2 of No.

5 of to as the "principal Act" is amended in section 2- 2016.

(a) by deleting the definition of the word "attempt".

(b) by deleting the definition of the word "health care practitioner"; (c) by deleting the definition of the word "national level athlete" and substituting therefor the following new definition- "national level athlete" 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- (i):il*:ffi #,^T?'[I|};h{:}?':'* (ii) any sports organisation or club; are affiliated to a federation, national league, county league, sports ( ii i ) ;ffi l#ilf:#fu ;'":Hil:: institutions; (d) by deleting the definition of the word "out-of- competition testing"; 400 18 Anti- Dop in g ( Amendment ) 2016 No, (e) by deleting the definition of the word "prohibited association" and qubstituting therefor the following new definition- "prohibited association" means association by an athlpte or other person subject to the authonty of an anti-doping organisation in a professional or sport- related capacity with any athlete support person who, if subject to the authority of an anti-doping organization, is serving a period of ineligibility, or, if not subject to the authority of an anti-doping organisation, and where ineligibility has not been addressed in a results management process pursuant to the Code, has bepn convicted or found in a criminal, disciplinary or professional proceeding to have pngaged in conduct which would have constituted a violation of anti-doping rules if Code- compliant rules had been applicable to such person; (0 by deleting the definition of the word "trafficking" and substituting therefor the following new definition- "trafficking" 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 justitication, 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 performancg; (S) by inserting thp following new definition in the proper alphabetical sequence- 401 g ( Anti- Dopin Amendment 2016 ) No.

18 "out-of-competition" means any period when not in- competition; 3.

Section 3 of the principal Act is amended in Amendnrent of section 3 of No.

5 of parugraph (b)- 2016.

(a) by deleting subparagraph (i) and inserting therefor the following new subparagraph- (i) 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; (b) by deleting subparagraph (ii) and substituting therefor the following new subparagraph - (ii) athletes and athlete support personnel who participate in such capacity in events, competitions and other activities organized, convened, authonzed 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, ossociations or leagues, wherever held 4.

Section 5 of the principal Act is amended by Amendment of section 5 of No.

5 of inserting the following new subsection immediately after 2016.

subsection (2)- "(2A) The Agency shall be the only organisation permitted to carry out anti-doping activities in Kenya and its authority shall be recognized by all national federations in Kenya." 5.

Section 7 of the principal Act is amended by Amendment of section 7 of No.

5 of inserting the following new paragraphs immediately after 20t6.

paragraph (uF (ua) promote anti-doping education; (ub) undertake results management in accordance with the Agency' s rules and the Code; (uc) oversee all activities of the Therapeutic Use Exemption Committee; 402 18 Anti- D op in g ( Am endment ) 2016 No.

(ud) implement the Anti-Doping Administration and Management System program.

6.

Section 22 of the principal Act is amended in Amendment of subsection (3) by deleting the word "Authority" and section 22 of No.

5 "Agency".

of 2016.

substituting therefor the word 7.

Section 23(2) of the principal Act is amended by Amendment of deleting paragraph (e) and substituting therefor the section 23 of No.

5 pamgraph- of 2016.

following new (e) a sports administrator who shall have retired at least two years prior to the appointment.

8.

The principal Act is amended by deleting section Deletion of section 26.

26 of No.

5 of 2O16.

9.

Section 27 of the principal Act is amended- Amendment of section 27 of No.5 (a) of20l6.

by deleting subsection @); (b) ll subsection (6) (a) by deleting the words Athlete Testing Program" and substituting therefor the words "anti-doping program of the Agency".

10.

Section 29 of the principal Act is amended in Amendment of section 29 of No.

5 subsection (2) by deleting the expression "section 26" of 2016.

I appearing in paragraph (d) and substituting therefor the words "this Act".

I 11.

The principal Act is amended by deleting section Deletion of section 31 and substituting therefor the following new section- 3l of No.5 of 2016.

Jurisdiction orthe sports 31.

( 1) The Tribunal shall have rribunar' jurisdiction to hear and determine all cases i on anti-doping rule violations on the part of athletes and athlete support personnel and matters of compliance of sports organisations." (2) The Tribunal shall be guided by the Code, the various international standards established under the Code, the 2005 UNESCO Convention Against Doping in Sports, the Sports Act, and the Agency's Anti-Doping Rules, &ffiongst other legal sources.

I 403 201.6 Anti-Doping (Amendment) No.

L8 (3) The Tribunal shall establish its own procedures.

(4) Disputes involving national and county level athletes, athlete support personnel, sports federations, sports organisatiors, professional athletes and professional sports persons shall be resolved by the Tribunal both at the first instance and at appeal, each consisting of three members appointed by the Chairperson of the Tribunal.

(5) Save as otherwise provided for under Article 4.4.7 of the Code on Therapeutic Use Exemptions, disputes involving International level athletes shall be resolved by the Tribunal at the first instance with an appeal to Court of Arbitration for Sport.

(6) In all disputes, there shall be a right of appeal within thirty working days from the date of communication of the Tribunal's decision by the accused, the Ageney, the national anti-doping organisation of the person's country of residence, World Anti- Doping Agency, International Paralympic Committee International Sports Federation, the International Olympic Committee and any other international sports body.

(7) For the avoidance of doubt, the Tribunal shall not have jurisdiction over national crimes related to doping as they relate to recreational athletes and other persotrs, entities or organisations.

(D The Cabinet Secretary may presciibe rules to effect this section.

- 12.

Section 37 of the principal Act is amended in Amendment of section 37 of No.

5 subsection (2) by inserting the words "and such report shall of2016.

be published publicly and a copy provided to the World 404 g ( Anti- Dop in Amendme nt 2016 lE ) No.

Anti-Doping Ageflcy" immediately after the words 'o of the Age,ncy", 13.

The principal Act is amended inserting the Insenion of new by sections in No.

5 of followirry new sections immediately after section 4l- z0rc.

Arr persons to be bound 4l A.

All persons shall be bound by bY Rules' the Anti-Doping Rules.

Athletes and athlae 41 B.

Each sports federation shall supPqt personnel to be uo,r,ouynut".

prepate rules requiring all athletes and each athlete support personnel who parlicipates as coach, trainer, managat, team staff, official, medical or parumedical personnel to agree to be bound by Anti-Doping Rules and the Agency's results' management authority in conformity with the Code as a eondition for such participation.

Reportsoo violations' 4lC.

AII persons shall report arry inforrnation suggcsting or relating to an fiIti-doplrlg rule violation to the Ageney, and if it is a national federation, to its international federation.

Co-operation with the 4lD, All persons shall eooperate with Ageacy.

any investigations conducted by the Agency.

14.

Seetion 42 of the principal Act is amended- Amendment of section 42 of No.

5 (a) in subsection (5) by- of 2016.

(i) deleting the fipression "in section 2' appearing in the introductory portion and substituting therefor the words "under this Act"; (ii) deleting the orpression "subsection (4Y' appearing in the proviso and substituting therefor the er(pression "sub-section (6)"; (b) by deleting subsection (6) and substituting therefor the following new subsection- "(6) An athlete or athlete support personnel who violates any of the following anti-doping rules- 405 pg ( ndme Do in Ame nt 2016 Anti- ) No.

lt (a) presence of a prohibitsd substance or its metabolites or markers in an athleteos sample; (b) use or attempted use by an athlete of a prohibitd substance or a prohibited method; (c) evading, refusirrg or failing to submit to sample sollection; (d) whereabouts failures; (e) tampering or attempted tampering with (0 any part of doping control; possession of a prohibited substance or prohibited method; G) trafficking or attempted trafficking in any prohibited substance or prohibited method; (h) administration or attempted administration to axy athlete in- gompetition of any prohibited substance or prohibited method, or administration 0r attempted administration to any athlete out-of- competition of any prohibited substanee or prohibited method that is (i) p rohibited out-of-competi tion; aomplicity; or fi) prohibited assoeiation, commits an anti-doping rule violation and shall be handled in the manner set out in the Agency's Anti-Doping Rules." ( I {.