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{
    "id": 646935,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/646935/?format=api",
    "text_counter": 204,
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    "content": "in their countries. Where will we get recourse if the WADA includes miraa in the list of prohibited substances because it enhances perform since it is a stimulant? I am concerned that the Bill does not really have protection for our own as a nation. When we have concerns, there is no protection provided for. There is no role for Kenya as a state in determining the list of banned substances. There is no role for Kenya, as a State, in determining that list. That list is determined by the World Anti-Doping Agency (WADA). You are not party to that institution. The criteria are only two and they are defined here. The criteria for determining a substance to be put on that list is; one, it enhances performance. Two, there is an actual or potential health risk. That is what they will look at. So, what stops those people in Western capitals tomorrow from determining that some traditional plant that our folks in Iten might use does, in fact, affect their health? Or, there is a potential risk to their health and, therefore, list it. I think that there needs to be a provision somewhere in this law to safeguard national interest. Let me also mention the issue of penalties in this Bill. Section 42(2)(a) of the Bill says:- “A person or body who unlawfully transports or transfers prohibited substances, -- -” I mean, it does not talk of the intention which is critical. I am not a lawyer but when you do something inadvertently --- Your truck could be hired but you do not have the intention to transport a substance like this. You are just providing your vehicle for transportation. I think there is need to restrict that Section. I think “with intent” has to be provided. Otherwise, you will punish ordinary Kenyans who may be using their transportation for one reason or the other. The same goes for Clause 42(4) which says:- A medical practitioner, pharmacist, veterinary surgeon, dentist, nurse, physiotherapist, traditional herbalist or any other health related professional----” They are including a traditional herbalist. All the other professionals like dentists and nurses may know and may be privy to the law in prescribing any of these drugs. Traditional herbalists, in our case in a country like Kenya, are not people who are all licensed. They are unaware and they have not been sensitized to those things. They may be out there in the bushes of Makueni County prescribing one thing or the other to enhance performance."
}