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"id": 660584,
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"speaker_name": "Sen. Mutula Kilonzo Jnr.",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I rise to second the amendments to the Anti-Doping (Amendment) Bill. From the outset, I must say that if there is one thing that brings Kenya together – makes us equal, has no equal – it is athletics. Therefore, if there is one time we must show patriotism, this is one of those occasions. I am, therefore, privileged to second these amendments. I have gone through the amendments and did not find anything offensive; it is just a question of tidying up the Bill. However, there are fundamental points that must be raised in the definitions. There is improvement of the definition of a national level athlete in contradiction to a county league athlete. These are definitions which were not previously in the Bill. For those who understand legislative drafting, this is a way of tidying up a Bill. I must point out that I have found something very interesting. The definition of drug trafficking is: “Selling, giving, transporting, sending, delivering or distributing, possession or possessing, for any such purpose, a prohibited substance or prohibited method either physically or by any electronic or other means.” I have found it very interesting that you can actually traffic through an electronic method. As we deal with this issue, we will have very many challenges, because trafficking electronically is something very interesting. As we continue interrogating this Bill, the Senate and the National Assembly must be aware of the things that have been included, which might, of course, cause us some problems. Under Clause 11, a tribunal has been set up. That tribunal is guided by a code, international standards established under the code, the 2005 UNESCO Convention against anti-doping and the anti-doping rules amongst other legal sources. I will ask the Committee to interrogate whether this clause in itself is an exclusion of Kenyan law, because then we would have a problem about what would happen once we appeal. Under the new dispute resolution mechanism, there appears to be an appeal mechanism. I do not know whether that appeal mechanism will also follow the same process of the UNESCO Convention against doping in sports or there would be other rules, although the Cabinet Secretary has been given an opportunity to prescribe rules to effect this section. I agree with the amendments proposed in Clause 6. I raised an issue about the definitions of “authority” and “agency.” There appeared to be a conflict about who the “authority” is and who the “agency” is and what the agency and authority would do. It is this agency that is given the authority to investigate. That is the issue I had with the original amendment. Similarly, if you look at Clause 5, there is a new amendment which will introduce something very unique, that other than stopping doping, called ‘promotion of anti-doping education.’ Mr. Deputy Speaker, Sir, similarly, the original Bill had a problem in Clause 23 which has now been amended to have a sports administrator who is a retired sportsperson. It was about the qualifications of who sits in some of those committees. In 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"
}