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{
    "id": 660672,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/660672/?format=api",
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    "content": "win all races from 800m to marathon. That is in the middle and long distance races and it attracts jealousies. Those White and foreign agents that come here could also be agents of destruction of our athletes and they could easily be used. If many of them can swindle a young athlete, they can also receive money to destroy them. Therefore, we have to be very careful about them. I hope Sen. (Prof.) Kindiki will look at this. Madam Temporary Speaker, when we were having the first debate, I pointed out about the composition of the Agency. I can see you have moved one step down the ladder and say that a sports administrator is a person who shall have retired at least two years prior to the appointment. This is not bad but I would have loved to have at least two or more of retired athletes. Secondly, since we are saying that you have to have been an administrator to be part of the agency, we must also spiral back to the law that administers athletics and make it mandatory that some of the administrators must be former athletes to qualify being here because those characters who have been swindling athletes For example, the fellow who took bribes to conceal the evidence about Rita Jeptoo have never been known even to jog, leave alone to be an athlete. However, he found his way there and he is using our athletes as a means to an end. So, we must, as the Senate Majority Leader said, look at the law governing the management of the Athletics Kenya (AK), so that we also provide for mandatory athletes who are retired to be part of the management of their own sport. I am very proud of young but retired athletes like Paul Tergat. My great friend Kipkeino has a distinguished career both as a runner, an administrator and a member of the International Olympics Committee (IOC). Every time I get a call from him inviting me to either buy me lunch or dinner, I look forward to it because he has such a rich history about athletics. In fact, the other day, I asked him why he cannot commission somebody to sit with him and write a book about his journey in life through athletics from Mexico in 1964 to date where he is still a member of the IOC, so that it can help our young athletes to see that you can actually run, be a world-beater and be acknowledged as a legend without shortcuts and going to drugs. Therefore, we need to look at Clause 7. Madam Temporary Speaker, something else that I want to ask the Senate Majority Leader to address is the issue of the tribunal. The distinguished Senator for Meru used strong but acceptable language that it could be a “kangaroo court”. When you set up a tribunal, you cannot have it set its own rules. In fact, in this country now under our new Constitution, the rules administered by any quasi-judicial body, whether subsidiary or substantive legislation, must go through Parliament. So, if the idea of the tribunal setting up its own rules has to stand where it is, then it must be given a rider that such rules must be treated as subsidiary legislation that shall go through the test of the two Houses of Parliament – both the National Assembly and the Senate – so that we make sure that they are grounded on fairness, rules of natural justice and rules of procedure that are commensurate and equal to expected standards of dealing with matters where somebody is suffering prejudice and so on. Even more callous – I believe this is what made Sen. Murungi say what he said – is Clause 31(4) which states that the tribunal shall sit as a court of first instance and then reconfigure and reconstitute itself to also sit on appeal. I have never heard this in the world. 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"
}