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{
    "id": 646838,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/646838/?format=api",
    "text_counter": 107,
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    "content": "Kenya. I am told by those in the sports fraternity that there are people from other countries who have camped in this country for the last two years, trying to dig out possibilities of doping in this country, because there are many countries which do not believe that what our countrymen and countrywomen do out there is as a result of hard work, talent and discipline. They will be very happy, therefore, to watch Kenya tumbling down. That is why it is important that an agency like this one be put in place, so that we can regulate ourselves and make sure that the sport of athletics is clean and offers fair competition to everyone. Mr. Deputy Speaker, Sir, I am also told from international sources that there are people who are hoping that we will not meet the deadline, so that people can have a field day between 5th and 21st August this year in Brazil when the Olympics will be held. Therefore, I just hope that we will disappoint them and make our country proud as it has always been. Mr. Deputy Speaker, Sir, if I may highlight very briefly, the agency will be known as the Anti-Doping Agency of Kenya. Its functions are spelt out in Clause 7. They include promoting participation in sports, free from doping, in order to protect the health and wellbeing of competitors and the rights of all persons who take part in sports. They also include maintaining data on all prohibited substances in accordance with the directions of the World Anti-Doping Agency (WADA). Mr. Deputy Speaker, Sir, because of time, allow me to say that the functions of the agency as well as the other Clauses that deal with the standards and enforcements are derived directly from three sources. These are the World Anti-Doping Code which is developed by the WADA as well as standards emanating from the United Nations Educational Scientific and Cultural Organisation (UNESCO) Convention against doping in sports. The third one is our own standards from our sporting fraternity. Basically, it is modelled on the international standards along the lines of the bodies that I have just cited. Those functions are too many, but they are there in Clause 7. Clause 9 deals with the independence of this agency. It provides in particular that the agency established under this Act will not require the consent of any person or authority to commence any investigations or impose any administrative sanctions. The words are “administrative sanctions” as opposed to criminal sanctions which the State agencies will have the power to deal with. Secondly, the agency will not be under the direction or control of any person or authority in the exercise of their powers under the Act or any other written law. The agency is created, the membership is provided for and the independence of that agency, therefore, is secured through Clause 9 of the Bill. Mr. Deputy Speaker, Sir, the other clause that I want to highlight is Clause 26. It deals with the prohibited activities under this Act. They include the presence of prohibited substance, its metabolites or mucus in an athlete’s sample; the use of or attempted use by an athlete of a prohibited substance or a prohibited method; the evasion, refusal or failure to submit to the collection of a sample by an athlete; the violation of whereabouts or failures; the tampering or attempted tampering with any part of doping control etcetera. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}