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ANTI-DOPING IN KENYA: INSTITUTIONS THAT UPHOLD RULES AND REGULATIONS FOR ATHLETES IN KENYA.
All Insights / By Alakonya Law LLP
ANTI-DOPING IN KENYA: INSTITUTIONS THAT UPHOLD RULES AND REGULATIONS FOR ATHLETES IN KENYA.
Introduction:
Doping not only goes against the spirit of sportsmanship but also poses serious health risks to athletes. It's crucial to maintain a doping-free environment to uphold the integrity of sports and ensure a level playing field for all participants.
The government acknowledges the severity of the doping crisis in Kenya and emphasizes the need for a collective approach to address it.
Due to the pivotal role athletics plays in Kenya, there is need for fostering collaborative efforts within the country as well as neighboring countries. This is also because doping tarnishes, the achievements of clean athletes and undermines the national pride associated with sporting success.
Previously with the absence of a legal framework and policies to operate on Athletics Kenya, there was need to come up with a structure that affirms rules and regulations, and this led to ratification of the UNESCO Convention.
A. UNESCO CONVENTION
The ratification of the 2005 UNESCO Convention on Anti-Doping in Sport by Kenya in 2009 significantly bolstered the legal framework for regulating doping within the country.
This implies that the Kenyan government had the obligation to oversee the implementation of these regulations among sports organs in the country.
As mentioned before, addressing the national doping issue requires a collective effort from the government and all stakeholders involved in Kenyan sports. This involved measures like:
• Legislative Framework: Enacting or strengthening national laws that align with the UNESCO Convention and the World Anti-Doping Code.
• Establishment of Anti-Doping Body: Creating a competent national anti-doping organization (NADO) accountable for enforcing anti-doping regulations, conducting tests, and managing athlete whereabouts.
• Collaboration: Working alongside WADA and other relevant stakeholders like sporting federations to foster a comprehensive anti-doping program.
• Accountability: The Kenyan government holds the ultimate responsibility for ensuring a functional and effective anti-doping system is in place. This includes holding accountable any sporting body or individual athlete who breaches the established regulations.
Following the ratification, the below developments took place:
1. Anti-Doping Agency of Kenya
The Anti-Doping Agency of Kenya (ADAK) is a State Corporation established through the Anti-Doping Act No. 5 of 2016.
ADAK is the primary governing body for anti-doping in Kenya with a broader mandate encompassing all sports within the country:
• To carry out the fight against Doping in Sports through anti-doping values based education, sensitization and awareness campaigns.
• To protect the ‘clean athlete’ by carrying out effective doping tests among all Kenyan athletes.
• To uphold the integrity of sport through Intelligence Gathering, Investigations and Results Management of Anti-Doping Rules Violations (ADRVs).
2. National Olympic Committee of Kenya (NOCK)
NOCK's affiliation with the International Olympic Committee (IOC) necessitates adherence to the IOC's regulations, which include anti-doping measures.
NOCK contributes to the fight against doping by:
• Promoting Anti-Doping Education: NOCK can actively educate athletes and sports officials about anti-doping regulations and the associated consequences of violations.
• Financial Support: NOCK can potentially provide financial resources to support ADAK's anti-doping initiatives.
• Collaboration: Maintaining open communication and collaborating with ADAK in fostering a culture of clean sports within the Kenyan sporting community.
3. Kenya Medical and Research Institute (KEMRI)
The absence of an accredited laboratory capable of supporting comprehensive testing has been a major gap faced by the government in its efforts to address the challenge of doping that has tainted the career of athletes and other sports players.
The recently launched Kenya Medical Research Institute, KEMRI centre in Eldoret is expected to evolve into a fully-fledged anti-doping laboratory that will go a long way towards resolving doping challenges staining Kenyan athletes.
The lab aspires to become a central facility for anti-doping efforts not just within Kenya, but potentially serving the wider Eastern African region.
Previously, samples might have needed to be sent to other countries for testing, causing delays. This lab provides a domestic solution, potentially leading to faster turnaround times for doping tests.
This signifies the potential for the lab to:
• Offer testing services to athletes and sports organizations in neighboring countries.
• Contribute to a more efficient and comprehensive anti-doping framework in the region.
4. World Anti-Doping Agency (WADA)
WADA acts as a unified force for anti-doping efforts globally. By having a single entity establish regulations and oversee their implementation, a standardized approach can be achieved across different sports and countries.
In Performing its role, WADA focuses on:
• Prohibited List: Maintaining an updated list of banned substances and methods is essential. WADA constantly reviews and revises this list based on scientific advancements and the evolving tactics used for doping.
• Education and Research: WADA actively promotes athlete education on doping rules and the associated health risks. Additionally, they support scientific research to stay ahead of emerging doping methods and develop effective testing procedures.
• Laboratory Accreditation: WADA accredits laboratories worldwide that conduct doping tests. This ensures consistent and reliable testing standards across different facilities.
• Compliance and Monitoring: They work with governments and sports organizations to ensure adherence to the World Anti-Doping Code.
• Intelligence and Investigations: WADA actively gathers information and collaborates with relevant authorities to detect and investigate doping violations.
• Capacity Building: They provide support and resources to national anti-doping organizations to strengthen their capabilities in the fight against doping.
Conclusion
While challenges like sophisticated doping methods and the need for global cooperation remain, we are all called upon to promote clean sports by abiding by the established framework for a level playing field and protecting the integrity of athletic competition.
By Kate O.
kodundo@alakonyalaw.co.ke
14th March 2024
Doping not only goes against the spirit of sportsmanship but also poses serious health risks to athletes. It's crucial to maintain a doping-free environment to uphold the integrity of sports and ensure a level playing field for all participants.
The government acknowledges the severity of the doping crisis in Kenya and emphasizes the need for a collective approach to address it.
Due to the pivotal role athletics plays in Kenya, there is need for fostering collaborative efforts within the country as well as neighboring countries. This is also because doping tarnishes, the achievements of clean athletes and undermines the national pride associated with sporting success.
Previously with the absence of a legal framework and policies to operate on Athletics Kenya, there was need to come up with a structure that affirms rules and regulations, and this led to ratification of the UNESCO Convention.
A. UNESCO CONVENTION
The ratification of the 2005 UNESCO Convention on Anti-Doping in Sport by Kenya in 2009 significantly bolstered the legal framework for regulating doping within the country.
This implies that the Kenyan government had the obligation to oversee the implementation of these regulations among sports organs in the country.
As mentioned before, addressing the national doping issue requires a collective effort from the government and all stakeholders involved in Kenyan sports. This involved measures like:
• Legislative Framework: Enacting or strengthening national laws that align with the UNESCO Convention and the World Anti-Doping Code.
• Establishment of Anti-Doping Body: Creating a competent national anti-doping organization (NADO) accountable for enforcing anti-doping regulations, conducting tests, and managing athlete whereabouts.
• Collaboration: Working alongside WADA and other relevant stakeholders like sporting federations to foster a comprehensive anti-doping program.
• Accountability: The Kenyan government holds the ultimate responsibility for ensuring a functional and effective anti-doping system is in place. This includes holding accountable any sporting body or individual athlete who breaches the established regulations.
Following the ratification, the below developments took place:
1. Anti-Doping Agency of Kenya
The Anti-Doping Agency of Kenya (ADAK) is a State Corporation established through the Anti-Doping Act No. 5 of 2016.
ADAK is the primary governing body for anti-doping in Kenya with a broader mandate encompassing all sports within the country:
• To carry out the fight against Doping in Sports through anti-doping values based education, sensitization and awareness campaigns.
• To protect the ‘clean athlete’ by carrying out effective doping tests among all Kenyan athletes.
• To uphold the integrity of sport through Intelligence Gathering, Investigations and Results Management of Anti-Doping Rules Violations (ADRVs).
2. National Olympic Committee of Kenya (NOCK)
NOCK's affiliation with the International Olympic Committee (IOC) necessitates adherence to the IOC's regulations, which include anti-doping measures.
NOCK contributes to the fight against doping by:
• Promoting Anti-Doping Education: NOCK can actively educate athletes and sports officials about anti-doping regulations and the associated consequences of violations.
• Financial Support: NOCK can potentially provide financial resources to support ADAK's anti-doping initiatives.
• Collaboration: Maintaining open communication and collaborating with ADAK in fostering a culture of clean sports within the Kenyan sporting community.
3. Kenya Medical and Research Institute (KEMRI)
The absence of an accredited laboratory capable of supporting comprehensive testing has been a major gap faced by the government in its efforts to address the challenge of doping that has tainted the career of athletes and other sports players.
The recently launched Kenya Medical Research Institute, KEMRI centre in Eldoret is expected to evolve into a fully-fledged anti-doping laboratory that will go a long way towards resolving doping challenges staining Kenyan athletes.
The lab aspires to become a central facility for anti-doping efforts not just within Kenya, but potentially serving the wider Eastern African region.
Previously, samples might have needed to be sent to other countries for testing, causing delays. This lab provides a domestic solution, potentially leading to faster turnaround times for doping tests.
This signifies the potential for the lab to:
• Offer testing services to athletes and sports organizations in neighboring countries.
• Contribute to a more efficient and comprehensive anti-doping framework in the region.
4. World Anti-Doping Agency (WADA)
WADA acts as a unified force for anti-doping efforts globally. By having a single entity establish regulations and oversee their implementation, a standardized approach can be achieved across different sports and countries.
In Performing its role, WADA focuses on:
• Prohibited List: Maintaining an updated list of banned substances and methods is essential. WADA constantly reviews and revises this list based on scientific advancements and the evolving tactics used for doping.
• Education and Research: WADA actively promotes athlete education on doping rules and the associated health risks. Additionally, they support scientific research to stay ahead of emerging doping methods and develop effective testing procedures.
• Laboratory Accreditation: WADA accredits laboratories worldwide that conduct doping tests. This ensures consistent and reliable testing standards across different facilities.
• Compliance and Monitoring: They work with governments and sports organizations to ensure adherence to the World Anti-Doping Code.
• Intelligence and Investigations: WADA actively gathers information and collaborates with relevant authorities to detect and investigate doping violations.
• Capacity Building: They provide support and resources to national anti-doping organizations to strengthen their capabilities in the fight against doping.
Conclusion
While challenges like sophisticated doping methods and the need for global cooperation remain, we are all called upon to promote clean sports by abiding by the established framework for a level playing field and protecting the integrity of athletic competition.
By Kate O.
kodundo@alakonyalaw.co.ke
14th March 2024
