ADVOKS GLOBAL · KENYA
Anti-Doping Act
42. Offences
Edition: 2022-12-31 · In force
42. Offences
(1)A person or body who—(a)disobeys a summons by the Agency;(b)fails to produce any sample, document, papers or any other thing on the order of the Agency;(c)refuses to submit a sample or refuses to be examined in furtherance of this Act;(d)fails to comply with any lawful order or direction of the Agency;(e)presents to the Agency a false document or makes a false statement with the intent to deceive or mislead an investigating officer;(f)wilfully obstructs or hinders any person acting in the performance of any function or exercise of powers conferred by this Act;(g)in any way interferes with the functioning or operations of the Agency; or(h)violates the rules relating to confidentiality, public disclosure and privacy of data,commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.(2)A person or body who—(a)unlawfully transports or transfers prohibited substances, within or outside Kenya;(b)stocks supplies of products containing prohibited substances in an unlawful manner; or(c)administers applies or generally causes an athlete to use prohibited substances,commits an offence and shall be liable, on conviction, to a fine of not less than three million shillings or to imprisonment of not less than three years or to both such fine and imprisonment. In case of corporate bodies, in addition to the fine, the trading licence of the respective corporate body shall be withdrawn for a period of not less than one year.(3)A person participating in recreational sport in a gym, fitness centre, private club or other similar facility who—(a)uses or causes another person to use a prohibited substance or method;(b)is found in possession of a prohibited substance;(c)administers or attempts to administer a prohibited substance; or(d)buys, sells, stocks, transports or in any way deals with a prohibited substance,commits an offence and is be liable, on conviction, to a fine of not less than one hundred thousand shillings or to imprisonment or for a term of not less than one year or to both such fine and imprisonment:Provided that if such a person is an athlete or athlete support personnel then such a person shall be subjected only to the sanctions specified in subsection (6).(4)A medical practitioner, pharmacist, veterinary surgeon, dentist, nurse, physiotherapist, traditional herbalist, or any other health related professional who—(a)prescribes or dispenses prohibited substances or methods to an athlete with the intent of doping;(b)unlawfully administers prohibited substances or methods to an athlete;(c)acquires, stocks or is found in unlawful possession of prohibited substances; or(d)aids, abets or in any way encourages the unlawful use of prohibited substances in sport,commits an offence and shall be liable upon conviction to a fine of not less than three million shillings or to imprisonment for a term of not less than three years or to both such fine and imprisonment, and shall have his or her professional licence revoked for a period of not less than one year.(5)A registered sports body that commits any of the prohibited activities set out under this Act, shall be subject to one or a combination of any of the following sanctions—(b)withdrawal of some or all services that are funded by public resources or benefits currently provided directly or indirectly by the Agency or the Sports Fund;(c)withdrawal of eligibility to receive services that are funded from public resources or benefits from or through the Agency, the Sports Fund or other source and the Agency shall impose conditions before it reinstates such eligibility;(d)suspension of its funding from the Sports Fund and other governmental agencies for the period of non-compliance;(e)withdrawal or withholding for a stated period, on terms to be determined by the Tribunal of some or all public funding awarded but not yet paid to the Agency;(f)withdrawal of eligibility to receive public funding from the Sports Fund or other source in the future, with conditions provided for the reinstatement of such eligibility;(g)refund any public and private funds given to it during the period of non-compliance; and(h)be deregistered by the Sports Registrar:Provided that, in addition, any athlete support personnel identified as being responsible for non-compliance with any rule made under this Act shall be subjected to the sanctions under subsection (6).(6)An athlete, athlete support personnel or other person subject to the Anti-Doping Rules (sub. leg) who commits a violation contrary to the Anti-Doping Rules (sub. leg) shall be subject to the requisite sanctions, as set out in the Anti-Doping Rules.