Relief as Parliament passes anti-doping Bill

Parliament Tuesday evening passed the Anti-Doping Bill, paving the way for the President to assent to it and enable Kenya beat the May 2 deadline set by the World Anti-Doping Agency.

MPs rejected the majority of amendments to the Bill proposed by the Labour and Social Welfare.

They retained the punishment for athletes who refuse to give samples, documents or anything to the anti-doping agency at maximum Sh100,000 fine or a maximum one year in jail, or both.

The same punishment will also be due for those who lie to the agency or makes a false statement or in any way interferes with the work of the agency.

Those caught transporting, stocking or supplying prohibited substances or gives them to an athlete will be liable to a fine of a minimum Sh3 million or to jail for a minimum three years, or both.

The Labour and Social Welfare Committee had proposed to have the punishment for this made a maximum of Sh5 million or five years but that was roundly rejected by MPs.

Medics or traditional herbalists who prescribe banned substances or methods to athletes will pay up at least Sh3 million to the authorities or go to jail for at least three years, or suffer the double jeopardy of both.

Majority Leader Aden Duale sponsored an amendment to the Bill to take effect once it is assented to by the President.

Duale was critical of most of the changes proposed by the Labour and Social Welfare and initiated on the floor by its vice-chairman, Tiya Galgalo.

“This is not a local Bill. This Anti-Doping Bill is very important. It has international clauses so MPs must explain any amendments or we may be banned,” said Duale.

Marakwet East MP Kangogo Bowen argued that they might end up creating a law that would not pass Wada’s test. An attempt to remove bodies from being considered offenders was particularly criticised as it was seen as shielding entire organisations that might get the temptation to dope their athletes.

Ndhiwa MP Agostino Neto said: “You’re not only dealing with an individual but with corporate bodies. So by limiting it to an individual, you are narrowing the purview of the Bill.”

He said putting a finite amount on the fine would limit the powers of the court that would handle cases to do with doping.

Samuel Gichigi (Kipipiri, APK) said the term person would apply to an individual as well as a corporate body.

The amendment was however rejected at voting.

President Uhuru Kenyatta had promised to have the new law passed by Thursday. After he assents to the Bill, Wada will scrutinise the new law and determine whether it provides adequate safeguards against doping.