KENYA Law and Practice Contributed by: John M. Ohaga, SC and Joy Wanyika, TripleOKLaw Advocates
1. Athlete Conduct, Integrity and Enforcement
• to protect clean athletes by carrying out effective doping tests among all Kenyan athletes; and • to uphold the integrity of sport through intelligence gathering, investigations and results management of anti-doping rules violations. How the World Anti-Doping Code (WADC) is Implemented in Kenya The WADC is implemented through the Anti-Doping Act and Regulations. The Anti-Doping Act provides the legal basis for implementation and empowers ADAK to implement the Code whereas the Regula - tions adopt and operationalise anti-doping rules. When it comes to adjudication, the Sports Disputes Tribunal has jurisdiction over anti-doping matters and is guided by the Code. Examples of Recent Noteworthy Anti-Doping Cases In Kenya, individual sports leagues impose punish - ments for doping offences. Some noteworthy anti-doping cases include: • Rhonex Kipruto (athletics) – banned (ABP/blood manipulation); • Brimin Kipkorir (athletics) – provisional suspension (EPO + diuretic/masking agent); • Ruth Chepngetich (athletics) – provisional suspen - sion (diuretic/masking agent (HCTZ)); • Lawrence Cherono (athletics) – seven-year ban (trimetazidine + attempted tampering); and • Kibiwott Kandie (athletics) – provisional suspension (for failing to submit a sample). 1.2 Misconduct and Match-Fixing Kenya does not currently have a single, standalone “Match-Fixing Act”. In practice, suspected match manipulation is addressed through general criminal laws like bribery, betting/gaming regulation and sport- sector governance and disciplinary frameworks. Key statutes commonly relied on are: • Anti-Bribery Act (Cap. 79B) / Bribery Act, 2016: This covers giving/receiving bribes and bribery linked to “functions or activities” (relevant where
1.1 Anti-Doping Regimes Doping as a Criminal Offence
Doping is not a criminal offence. A positive test or other Anti-Doping Rule Violation (ADRV) is ordinarily handled through sanctions like bans or disqualifica - tion not as a crime in the ordinary Penal Code sense. Examples of the Criminal Law Status of Certain Substances Cocaine (methyl ester of benzoylecgonine) Cocaine is a stimulant under Kenyan criminal law. It appears in the First Schedule (narcotic drugs) of the Narcotic Drugs and Psychotropic Substances (Con - trol) Act. Possession of cocaine is criminalised under Section 3 of the aforesaid Act (penalties depend on the substance and quantity and include imprisonment and/or fines). Cannabis THC (tetrahydrocannabinol) is on the WADA Prohibit - ed List (in-competition). It appears in the first schedule of the Narcotic Drugs and Psychotropic Substances (Control) Act. Heroin Many narcotics/opiates are on the WADA Prohibited List (in-competition). In Kenya, heroin and morphine appear in the First Schedule (narcotic drugs) of the Narcotic Drugs and Psychotropic Substances (Con - trol) Act. Tramadol (useful modern example) Tramadol is on the WADA Prohibited List (in-competi - tion). In Kenya, tramadol appears in the First Schedule (narcotic drugs) of the Narcotic Drugs and Psycho - tropic Substances (Control) Act. National Anti-Doping Organisation The national anti-doping organisation is the Anti-Dop - ing Agency of Kenya (ADAK). Its mandate is: • to carry out the fight against doping in sports through anti-doping, values-based education, sen - sitisation and awareness campaigns;
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