ADVOKS GLOBAL · KENYA
Anti-Doping Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In this Act, unless the context otherwise requires—"accredited laboratory" means a laboratory approved by the World Anti-doping Agency to analyse samples for the presence of prohibited substances in accordance with International Standards;"administration" deleted by Act No. 24 of 2020, s. 2(b);"Agency" means the Anti-Doping Agency of Kenya established under section 5;“anti-doping activities” means anti-doping education and information, test distribution planning, maintenance of a registered testing pool, managing Athlete Biological Passports, conducting testing, organising analysis of samples, gathering of intelligence and conduct of investigations, processing of therapeutic use exemptions applications, results management, hearings, monitoring and enforcing compliance with any consequences imposed, and all other activities related to anti-doping to be carried out by or on behalf of an anti-doping organisation, as set out in the World Anti-Doping Code and in the International Standards;"Anti-Doping Administration and Management System" means a web-based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and the World Anti-doping Agency in anti-doping operations;"Anti-Doping Rules" includes the Regulations made under this Act;"athlete" means any person who competes in sport at the international level as defined by an international federation or at the national level as defined by the Agency;“athlete biological passport” means the program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories;"athlete support personnel" includes a coach, trainer, manager, agent, team staff, official, medical or paramedical personnel, parent or any other person working with, treating or assisting an athlete participating in or preparing for a sports competition;"attempt" deleted by Act No. 18 of 2016, s. 2;"Board" means the board of Anti-Doping Agency of Kenya established under section 10;"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to sport;"Convention" means the United Nations Educational, Scientific and Cultural Organization Convention Against Doping in Sport;"Code" means the World Anti-Doping Code that has been adopted by sports organizations, international sports federations and national anti-doping organizations to regulate doping in sports;"Committee" means the Therapeutic Use Committee established under section 23 of the Act;"Court of Arbitration for Sport" means a court set up by the International Council of Arbitration for Sport;"competition" means a single race, match, game or singular sport contest;"complicity" deleted by Act No. 24 of 2020, s. 2(c);“delegated third party” means any person to which the Agency delegates any aspect of doping control or anti-doping education programs including, but not limited to, third parties or other Anti-Doping Organisations that conduct sample collection or other doping control services or anti-doping educational programs for the Agency, or individuals serving as independent contractors who perform doping control services for the Agency, but does not include the Court of Arbitration for Sport (CAS);"doping" means the use of prohibited substances and methods in any sporting activity whether competitive or recreational in order to artificially enhance performance;"doping control" means the steps and processes commencing with test distribution planning to the disposition of any appeal and the enforcement of consequences, including steps and processes in between, including but not limited to provision of testing, investigations, whereabouts information, therapeutic use exemptions, sample collection and handling, laboratory analysis, results management, and hearings and appeals, and investigations or proceedings relating to violations of Article 10.14 (status during ineligibility or provisional suspension) of the World Anti-Doping Code;“education” means the process of learning to instill values and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintentional doping;"event" means a series of separate competitions conducted together under one ruling body;"healthcare practitioner" deleted by Act No. 18 of 2016, s. 2;"in-competition" means the period commencing one minute to midnight on the day before a competition in which the athlete is scheduled to participate through the end of such competition and the sample collection process related to such competition, unless provided otherwise in the rules of an international federation or the body in charge of an event;“institutional independence” means the independence of the hearing panels on appeal from the Anti-Doping Organisation responsible for results management;Note: They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organisation responsible for results management;"international-level athlete" means an athlete who competes in sport at the international level, as defined by each international federation, consistent with the International Standard for Testing and Investigations;"International Olympic Committee" means the organization created by the Congress of Paris on June 23, 1894 and entrusted with the control and development of the modern Olympic Games;"International Paralympic Committee" means the organization established on September 22, 1989, to enable paralympic athletes to achieve sporting excellence and to inspire and excite the world and entrusted with the control and development of the Paralympic Games;"International Standard" means a standard adopted by the World Anti-Doping Agency in support of the Code and includes any technical documents issued pursuant to the International Standard;"licence" means a certificate issued to a professional sports body, coach, agent, or a professional sports person for purposes of carrying out the activities of the relevant sport;"marker" means a compound, group of compounds or biological variables that indicates the use of a prohibited substance or prohibited method;"member" includes the Chairperson and members of the Board established under section 10 of this Act;"metabolite" means any substance produced by a biotransformation process;"minor" means a natural person who has not reached the age of eighteen years;"National Anti-Doping Organization" means the entity designated by each country as possessing the primary authority and responsibility to adopt and implement Anti-Doping Rules, direct the collection of samples, the management of test results, and the conduct of hearings at the national level and where this designation has not been made by the competent public authorities, the entity shall be the country's National Olympic Committee or its designee;"national level athlete" means athletes who compete in sport at the national level, as defined by each national anti-doping organisation, consistent with the International Standard for Testing and Investigations. In Kenya, national level athletes are defined as any athletes who—(i)participate in the national leagues, county leagues, events or competitions organized by their federations or by any sports organisation or club;(ii)are affiliated to a federation, national league, county league, sports organisation or club; or(iii)participate in competitions or events organized by schools, colleges or other institutions;"national sports organization" includes an umbrella body responsible for Olympic, non-Olympic, Paralympic or Deaflympic sports or multi-sport organization responsible for all sports disciplines or recreational bodies or body responsible for a particular sport nationally and it may be affiliated to an international federation or not;“operational independence” means—(a)that board members, staff members, commission members, consultants and officials of the Anti-Doping Organization with responsibility for results management or its affiliates who may include a member federation or confederation, as well as any person involved in the investigation and pre-adjudication of the matter cannot be appointed as members or clerks (to the extent that such clerk is involved in the deliberation process or drafting of any decision) of hearing panels of that Anti-Doping Organization with responsibility for results management; and(b)that hearing panels shall be in a position to conduct the hearing and decision making process without interference from the Agency or any third party;"out-of-competition" means any period when not in-competition;"out-of-competition testing" deleted by Act No. 18 of 2016, s. 2;"participant" means any athlete or athlete support person;"possession" deleted by Act No. 24 of 2020, s. 2(f);"professional sports" means sports for which a contract for engagement and remuneration has been entered into by a club or sports organization and the professional sports persons;"professional sports person" means a person who is, on the basis of a contract for engagement and remuneration, preparing or training for the purposes of participating in the relevant sports competition at national or international level;"prohibited association" deleted by Act No. 24 of 2020, s. 2 (g);"Prohibited List" means the list developed by the World Anti-Doping Agency for purposes of identifying the prohibited substances and prohibited methods;"prohibited method" means any method so described on the prohibited list;"prohibited substance" means any substance, or class of substances, so described on the Prohibited List;“protected person” means an athlete or other natural person who at the time of the anti-doping rule violation—(a)has not reached the age of sixteen years;(b)has not reached the age of eighteen years and is not included in any Registered Testing Pool and has never competed in any international event in an open category; or(c)for reasons, other than age has been determined to lack legal capacity under applicable national legislation;"recreation" means voluntary participation in a physical or mental activity for enjoyment, improvement of general health, well-being and the development of skills of an individual;“recreational athlete” means any person who engages or participates in sport or fitness activities for recreational purposes and does not include any person who, within the five years prior to committing any anti-doping rule violation, has been an international-level athlete (as defined by each International Federation consistent with the International Standard for Testing and Investigations) or national-level athlete (as defined by each National Anti-Doping Organization consistent with the International Standard for Testing and Investigations), has represented any country in an international event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti-Doping Organization; and"Registered Testing Pool" means the pool of highest-priority athletes established separately at the international level by International Federations and at the national level by National Anti-Doping Organizations, who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti-Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.6 of the World Anti-Doping Code and the International Standard for Testing and Investigations;"Registrar" means the Sports Registrar appointed under section 45 of the Sports Act (Cap. 223);“results management” means the process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management, or in cases which may include Atypical Finding, Athlete Biological Passport or whereabouts failure, such pre-notification steps expressly provided for in Article 5 of the International Standard for Results Management, through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on appeal, if an appeal is lodged."sample" means any biological material collected for the purposes of doping control;"sports organisation" means a body registered in Kenya for purposes of promoting sports;"tampering" deleted by Act No. 24 of 2020, s. 2(h);"target testing" means selection of specific athletes for testing based on criteria set forth in the International Standard for Testing and Investigations;"testing" means the parts of the doping control process involving test distribution planning, sample collection, sample handling, and sample transport to the laboratory;"Therapeutic Use Exemption" means an exemption that allows an athlete with a medical condition to use a prohibited substance or prohibited method, but only if the conditions set out in Article 4.4. of the World Anti-Doping Code and the International Standard for Therapeutic Use Exemptions are met;"trafficking" means selling, giving, transporting, sending, delivering or distributing, or possessing for any such purpose, a prohibited substance or prohibited method (either physically or by any electronic or other means) by an athlete, athlete support person or any other person subject to the jurisdiction of an anti-doping organisation to any third party:Provided, however, this definition shall not include the actions of bona fide medical personnel involving a prohibited substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving prohibited substances which are not prohibited in out-of-competition testing unless the circumstances as a whole demonstrate such prohibited substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance;"Tribunal" means the Sports Tribunal established under section 55 of the Sports Act (Cap. 223);"United Nations Educational Scientific and Cultural Organization Convention Against Doping in Sport" means the International Convention against Doping in Sport adopted by the 33rd session of the United Nations Educational Scientific and Cultural Organization General Conference on 19th October, 2005, including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport;"use" means the utilization, application, ingestion, injection or consumption by any means of any prohibited substance or prohibited method; and"World Anti-Doping Agency" means a sports body set up for the purposes of coordinating anti-doping activities worldwide.