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{
    "id": 660437,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/660437/?format=api",
    "text_counter": 467,
    "type": "speech",
    "speaker_name": "Hon. Were",
    "speaker_title": "",
    "speaker": {
        "id": 153,
        "legal_name": "David Aoko Were",
        "slug": "david-were"
    },
    "content": "Hon. Speaker, after we got that information, we had a meeting at State House the following day and there was express instruction that a delegation from Kenya visits Canada to iron out the problems that had been raised. At that particular point, we did not know why WADA had indicated that we were not compliant. I managed to get the letter from WADA to our Cabinet Secretary (CS) Sports, Culture and the Arts, together with the Act and the comments which they had put. They had concerns on 24 sections of the Act with their clear comments on what they felt should have been done. When I looked at the comments and referred to the Bill that had been brought before the House, I realized that the Bill was the one which was missing the information that WADA wanted. This arose because the Bill was tabled and we only had one week to hold a stakeholders meeting. We had a meeting with the Ministry together with other stakeholders. The information that we were given was that the Bill that was before us was the document that had been negotiated with WADA, which they were referring to as Draft Seven. So, we did not have any opportunity to go back and ask them to avail the actual document that had been negotiated. We were meant to believe that the Bill that was before the House was the WADA agreed document. So, our intention at that particular point was to look at it and do a clean-up. We did not want to make any serious amendments because we had been cautioned not to interfere with the document which would make it unacceptable to WADA. So, today’s Bill is an amendment Bill. The Hon. Leader of the Majority Party has taken us through the issues that were raised by WADA. Out of the 24 issues that they were concerned with, we managed to reduce their concerns and reached an agreement and that is the reason we came up with this amendment Bill. As has been indicated by the Hon. Leader of the Majority Party, several issues which were of serious concern and which they wanted to be amended are in this amendment Bill. One was on definitions where they felt that some of the definitions that were appearing in our Bill were not consistent with what they had proposed. Those that were agreed upon are appearing in the Bill. I would want to point out a few areas, although the Hon. Leader of the Majority Party has already spoken to them. First, is on Clause 4 which was on the establishment of Anti-Doping Agency of Kenya (ADAK). According to WADA, they felt that the way the establishment of ADAK appeared in the Act did not expressly say that ADAK was the only body in Kenya that was allowed to carry out anti-doping activities. So, they wanted that one to come out clearly so that they remove any ambiguity. It has been captured so that every federation in the Republic knows that it is only ADAK that can carry out anti-doping activities. On Clause 5, they required us to expand the authority of ADAK to cover education, undertake management in accordance to the agency’s rules, oversee activities of Therapeutic Use Exemption (TUE) Committee and implement anti-doping, administration and management systems. Clause 6 of the Act that we passed, when it came to delegation of duties, we had indicated that instead of using the word “agency” we had said anything else that is delegated would be done in the name of the authority. So the word “authority” had not been defined anywhere. So, their question was: “Which authority? We realized that the body that we had formed was an agency and not an authority. So, we were just to clean up by removing the word “authority” and replacing it with the word “agency”. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}