ADVOKS GLOBAL · KENYA
Anti-Doping Act
31. Jurisdiction of Sports Tribunal
Edition: 2022-12-31 · In force
31. Jurisdiction of Sports Tribunal
(1)The Tribunal shall have jurisdiction to hear and determine cases on—(a)anti-doping rule violations on national and lower level athletes and athlete support personnel;(b)anti-doping rule violations on other persons subject to the Anti-Doping Rules;(c)anti-doping rule violations arising from national and lower level events;(d)Therapeutic Use Exemptions (TUE) decisions of Anti-Doping Agency of Kenya (ADAK); and(e)matters of compliance of sports organisations in the first instance and appellate level.(2)The Tribunal shall be guided by the Code, the International Standards established under the Code, the 2005 UNESCO Convention Against Doping in Sports, the Sports Act (Cap. 223), and the Agency's Anti-Doping Rules, amongst other legal sources.(3)The Tribunal shall establish its own procedures.(4)Appeal level disputes involving national and lower level athletes, athlete support personnel, sports federations, sports organisations, professional athletes and other persons subject to the Anti-Doping Rules shall be resolved by the Tribunal—(a)which shall consist of a panel of three members appointed by the Chairperson of the Tribunal; and(b)after the panel members have signed a no conflict of interest declaration in form provided by the Agency.(5)The World Anti-Doping Agency, the International Olympic Committee, the International Paralympic Committee, and the relevant International Federations shall have the right to a second appeal to the Court of Arbitration for Sports (CAS) with respect to the appeal decisions of the Tribunal.(6)For the avoidance of doubt, the Tribunal shall not have jurisdiction over Appeals involving International Level athletes or arising from the participation in International Events or national crimes related to doping.(7)The Cabinet Secretary may prescribe rules to give effect to this section.
Case law referring to this provision