Korir Anti-Doping Bill to be fast-tracked in Parliament

The Parliamentary Departmental Committee of Labour and Social Welfare has promised to fast track the Anti-Doping Bill of 2015 through the house in an effort to ensure Kenya meets the April 5 deadline set by the World Anti-Doping Agency (WADA) to comply with its Code.

Speaking on Thursday, the committee unanimously approved the proposal sponsored by 2012 Boston Marathon champion and Cherangany Member of Parliament (MP) Wesley Korir while accusing the Ministry of Sports, Arts and Culture of causing the delay in immediate action on the bill.

The latest development however, sets the proposed Korir Bill on a collision course with a separate Anti-Doping law proposal prepared by the Ministry that is in its seventh draft which has reportedly involved the input of WADA and is also ready to be brought to Parliament for debate and enactment.

WADA and athletics governing body, IAAF warned Kenya’s track and field team would be banned from international competition if failed to meet requirements set to combat the spike in positive doping cases that stand at 43 including the enactment of a law outlawing the vice as well as giving the Anti-Doping Agency of Kenya (ADAK) legal framework to operate.

The Korir Bill was presented before the Departmental Committee concerned after National Assembly Speaker, Justin Muturi ordered it to sit and deliberate on the issue two days ago or it risked being disbanded and re-constituted afresh as Kenya races to avoid a ban that would rule her runners ineligible to compete at the Rio 2016 Olympics.

Kipipiri MP, Samuel Gichigi, who chaired the session in the absence of chairman, Matunga MP, David Were admitted the committee did not see the urgency of discussing the bill since it was misled by the Ministry.

“The Committee unanimously resolved to support and pass the proposals sponsored by Honorable Welsey Korir.  There has been a question as to why Parliament has not passed this and risked the country getting banned because of lacking this legislation.

“The truth of the matter is three weeks ago, the Committee held a session with the PS of Sports, Mr. (Richard) Ekai and the indications he had given to the Committee is that there was no risk of the country being banned because they had other engagements with the world body that assured the Government the country won’t be banned.

“We were not treating this particular law probably with the urgency it deserved,” Gichigi told the press at Parliament Buildings in Nairobi on Thursday.

He said they moved to act swiftly after Korir and other MPs from the athletics rich Rift Valley region had proved “there is a lot of urgency with the law creating the Anti-Doping Agency in the country.”

According to Gichigi, the proposed bill mandates the Anti-Doping Agency of Kenya (ADAK) to conduct testing, mostly out-of-competition on athletes and it will be funded by the Government and external donors.

“The proposed bill also created offences, including criminal offences. People are going to be jailed and fined if they are actually caught deliberately using drugs to enhance their performance.

“As to the timelines, we have discussed that as a Committee and we think it is possible for the country to have a Bill by the deadline of early April. We will be requesting the sponsor to appear before the Budget Committee as soon as possible. A report from this committee will be available later this (Thursday) afternoon approving the publication of the proposals,” the Kipipiri MP underscored.

“We will be requesting the Speaker and the House to approve reduction of publication period so that we can quickly receive proposals from members of public and other stakeholders and have the matter read for the first time, reduce the period before the second reading and go to the third reading.

“This is for us to make sure have a law as required by the international bodies within the required time,” the temporary committee chair explained.

Korir who brought the matter to the attention of the Speaker on the floor of the house on Monday slammed the Ministry that has a separate draft proposal to establish anti-doping rules that is said to be in stage seven and also ready to be presented to Parliament for debate.

“There has been misleading suggestions from the Ministry of how urgent is the bill, how urgent is the situation. Legalising the anti-doping agency is very key and important for us to continue competing outside as per the WADA regulations and as per the WADA commendations by 5th of April,” the former Boston winner outlined as he charted the key parts of his proposals.

“The Sports Ministry is not involving us as stakeholders and we are not aware of what level they are. Why are they trying to play our role which is the legislative? Everyone should play their own role. I’m hopeful that Kenya will be able to beat the April 5th deadline it’s upon us to do our work,” the active runner and first time legislator charged.

Under the proposal, ADAK that was given power to start operations by President Uhuru Kenyatta on December 24 will transition into a legal authority with committee members accepting to bring an amendment to the law that will include forfeiture of assets for any athlete caught doping as further punishment.

“You cannot run for four years and make millions of shilling when cheating and think you can enjoy the fruits of that theft. At the end of the day, all those properties accumulated will be forfeited to the State,” Gichingi added.

In addition anyone caught aiding to obtain prohibited substances such as managers, coaches, doctors or any other related person will be fined or be jailed if it is enacted to law.