Kenyan legislation

The Anti-Doping Agency of Kenya Order, 2015

Edition: 2022-12-31 · In force

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IN EXERCISE of the powers conferred by section 3(1) of the State Corporations Act, I, Uhuru Kenyatta, President and Commander in Chief of the Kenya Defence Forces, make the following Order —

Part I – PRELIMINARY

1. Citation

This Order may be cited as the Anti-Doping Agency of Kenya Order.

2. Interpretation

In this Order, unless the context otherwise requires ―“Agency” means the Anti-doping Agency established under paragraph 3;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to sports; and"Chief Executive Officer" means the Chief Executive Officer appointed under paragraph 13.

Part II – ESTABLISHMENT OF THE AGENCY

3. Establishment and composition of Agency.

There is established a body known as the Anti-Doping Agency of Kenya, which shall be a body corporate with perpetual succession and a common seal and which shall, in its corporate name, be capable of―

(a)suing and being sued;

(b)taking, purchasing or otherwise acquiring, holding charging or disposing of movable and immovable property;

(c)borrowing or lending money;

(d)entering into contracts; and

(e)doing or performing such other things or acts necessary for the proper performance of the functions of the Agency and which may be lawfully done or performed by a body corporate.

3. Headquarters of the Agency.

The headquarters of the Agency shall be in Nairobi.

4. Functions of the Agency.

The functions of the Agency shall be ―

(a)to advise the Government on all relevant matters relating to anti-doping;

(b)in consultation with the Regional Anti-Doping Organization, the World Anti-Doping Agency and any other anti-doping organizations undertake anti-doping activities in Kenya;

(c)to ensure the enforcement of the regulations made by the Agency and the World Anti-Doping Agency;

(d)to undertake doping control;

(e)to oversee the prosecution of anti-doping offences before the Sports Tribunal or any other judicial body exercising jurisdiction in such matters;

(f)to undertake research related to the mandate of the Agency;

(g)to create awareness and implement programs aimed at fighting doping;

(h)to liaise with other government agencies in eradicating the use of performance enhancing substances amongst sports persons; and

(i)to promote the integrity of a drug-free sport; and

(j)to perform any other function as may be lawfully assigned to the Agency by the Cabinet Secretary.

5. Board of the Agency.

(1)The Board of the Agency shall consist of —

(a)a Chairperson appointed by the President;

(b)the Chief Executive of the Agency appointed under paragraph 13;

(c)the Principal Secretary to the National Treasury or a representative;

(d)the Principal Secretary for matters relating to sports or a representative;

(e)not more than six persons appointed by virtue of their knowledge and experience in sports, appointed by the Cabinet Secretary.

(2)The Cabinet Secretary shall in appointing members of the Board ensure the representation of women, youth and persons with disabilities.

(3)The appointment of members under paragraph 1 (a) and (e) shall be by name and by notice in the Kenya Gazette.

6. Qualifications for Appointment.

A person shall be qualified for appointment as a member of the Agency if such person–

(a)holds a degree from a recognized university;

(b)has at least ten years post qualification professional experience; and

(c)satisfies the requirements of Chapter Six of the Constitution.

7. Term of office

The Chairperson and members of the Agency appointed under paragraph 6 (1) (a), (b) and (e) shall serve for a term of three years and shall be eligible for re-appointment for one further term.

8. Vacancy of office

(1)The office of a member of the Board, other than an exofficio member, shall become vacant—

(a)if the member resigns by giving notice in writing, in the case of the Chairperson, to the President and in the case of any other member, to the Cabinet Secretary, which notice shall take effect on the date specified therein, and, where no date is specified, on the date of receipt of the notice by the President or the Cabinet Secretary, as the case may be.

(b)if the appointment is revoked by the President or Cabinet Secretary;

(c)if the member—

(i)becomes insolvent or enters into a scheme of arrangement for the benefit of his or her creditors;

(ii)is convicted of any offence by a court of competent jurisdiction;

(iii)is incapacitated by reason of infirmity of body or mind;

(iv)is absent from three consecutive meetings of the Board without the leave of the Chairperson;

(v)is otherwise unable or unfit to discharge the functions of the Board; or

(vi)dies.

(2)Where the office of the Chairperson or a member of the Agency becomes vacant under this paragraph, the President or the Cabinet Secretary, as the case may be, may appoint another person as a replacement of the person vacating office in accordance with paragraphs 6 and 7.

9. Functions of the Board.

The Board shall be responsible for the administration and management of the Agency.

10. Powers of the Board.

The Board shall have all powers necessary for the proper performance of its functions under this Order and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to —

(a)administer its assets in such manner that best promotes the purpose for which the Agency is established;

(b)determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Agency;

(c)receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom;

(d)open such banking accounts for its funds as may be necessary;

(e)invest any funds of the Agency not immediately required for its purposes in the manner provided under this Act;

(f)enter into association with such other persons, bodies or organizations within or outside Kenya as the Agency may consider appropriate in furtherance of the purposes for which the Agency is established; and

11. ^{Missing Title}

Gather relevant information, including requisition of reports, records, documents or any information from any source, including governmental authorities, and maintain a database on anti-doping.

12. Meetings of the Board.

(1)The Chairperson shall preside over all meetings of the Board and in the absence of the Chairperson, the other members present at the meeting shall appoint one of the members to act as Chairperson for the purpose of that meeting.

(2)The quorum for a meeting shall be two thirds of the members of the Board.

(3)The Board may co-opt, for such period as it may consider necessary, not more than three persons whose assistance or advice it may require, but the persons so co-opted shall not be considered as members for the purpose of forming a quorum and shall not be entitled to vote at any meeting of the Board.

(4)Every decision of the Board shall be by a simple majority of the members present and voting but the Chairperson or the person appointed to be the Chairperson under subparagraph (1) shall have a casting vote.

(5)Subject to this Order, the Board may regulate its own proceedings.

13. Chief Executive Officer.

(1)There shall be a Chief Executive Officer of the Agency who shall be recruited and appointed by the Cabinet Secretary on the recommendation of the Board.

(2)The Chief Executive Officer shall be the secretary to the Board and shall be responsible for the day to day operations and administration of the Agency.

(3)The Chief Executive Officer shall hold office for such period and on such terms and conditions of employment as the Board may determine with the approval of the Cabinet Secretary.

(4)No person shall be qualified for appointment as a Chief Executive Officer unless that person—

(a)holds at least a degree from a recognised university;

(b)has at least ten years’ post-qualification experience in a relevant field; and

(c)meets the requirements of Chapter Six of the Constitution.

14. Staff.

The Agency may employ such officers and other staff or agents as it may consider necessary for the discharge of its functions and duties under this Order, upon such terms and conditions of service as the Board may determine.

15. Remuneration.

The Agency shall pay such remuneration, fees, allowances and such other reimbursement to members of the Board as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

16. Delegation of the Agency.

The Board may, by resolution either generally or in any particular case, delegate to a committee of the Board, member, officer, employee or agent of the Agency, the exercise of any powers or the performance of any of the functions or duties of the Agency.

17. Execution of Documents.

(1)The common seal of the Agency shall be authenticated by the signature of the Chairperson and the Chief Executive Officer, or by either the Chairperson or the Chief Executive Officer, together with one member other than an ex officio member of the Board authorized in writing by the Board in that behalf.

(2)Any document, other than a document which is required by any law to be made under seal, and any decision of the Board, may be signified under the hand of the Chairperson, or the Chief Executive Officer or any other member of the Board or any other person authorized in writing by the Board in that behalf.

18. Protection from liability.

No matter or anything done by the Chairperson or any other member of the Agency or any officer, employee or agent of the Agency shall, if the matter or thing is done in good faith for the purpose of executing any provision of this Order, render the Chairperson, member, officer, employee or agent or any person acting under the directions of those persons, personally liable to any action, claim or demand.

19. Liability of damages.

The provisions of this Order shall not relieve the Agency of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Order or by the failure, whether wholly or partially, of any action.

Part III – FINANCIAL PROVISIONS

21. Financial year

The financial year of the Agency shall be the period of twelve months ending on the thirtieth of June each year.

22. Funds of the Agency.

The funds and assets of the Agency shall consist of—

(a)such monies or assets as may accrue to or vest in the Agency, in the course of the exercise of its powers or the performance of its functions under this Order;

(b)any monies which may in any manner become payable to or vested in the Agency in respect of any matter incidental to the carrying out of its functions;

(c)any gifts as may be given to the Agency; such monies as may be appropriated by Parliament for the purposes of the Agency; and

(d)all monies from any other source provided, donated or lent to the Agency.

23. Annual estimates

(1)At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Agency for that financial year.

(2)The annual estimates shall make provision for all estimated expenditure of the Agency for the financial year concerned, and in particular shall provide for the —

(a)payment of salaries, allowances and other charges in respect of the Board members and the staff of the Agency;

(b)payment of pensions, gratuities and other charges in respect to retirement benefits to the staff of the Agency; and

(c)proper maintenance, repair, and replacement of the equipment and other movable property of the Agency.

(3)The Board shall approve the annual estimates before the commencement of the financial year to which they relate and once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval.

(4)No expenditure shall be incurred for the purposes of the Agency except in accordance with the annual estimates approved under subparagraph (3) or with the authorization of the Agency given with prior written approval of the Cabinet Secretary.

24. Accounts and Audit.

(1)The Board shall cause to be kept, proper books and other records of accounts of the income, expenditure, assets and liabilities of the Agency.

(2)The accounts of the Agency shall be audited and reported upon in accordance with the provisions of the Public Audit Act (412B).

25. Investment of funds.

(1)The Board may invest any of the funds of the Agency in securities in which the Agency may by law invest trust funds, or in any other securities which the National Treasury may, from time to time, approve.

26. Annual Report.

(1)The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary, a report on the operations of the Agency for the immediately preceding financial year.

(2)The Cabinet Secretary shall present the annual report to the President.

Source: Kenya Law · Imported 4 October 2026