Parliament gazettes Anti-Doping Bill, invites public participation

Just a day after Kenya was handed a one-month extension to comply with the World Anti-Doping Agency (WADA) code in order to avoid future sanctions, the National Assembly has published a gazette notice inviting the public to give their views and recommendations in regards to the Anti- Doping Bill 2015 when the Departmental Committee tables its report in the House.

The Anti-Doping Bill had already undergone the first reading according to Standing Order 127(3) before Parliament went on recess on April 5th. The Bill is now at the Departmental Committee on Labor and Social Welfare for consideration before being presented to the House.

Article 118(1) (b) of the constitution provides that: “Parliament shall facilitate public participation and involvement in the legislative and other business of the Parliament and its Committees.”

While Standing Order 127(3) states: “The departmental committee to which a Bill is committed shall facilitate public participation and shall take into account views and recommendations of the public when the Committee makes its report to the House.”

According to Article 118(1) (b) and Standing Order 127(3), the committee, therefore, invites interested members of the public to submit any representations they may have on the Anti-Doping Bill. Anyone interested and has presentation, he/she can forward their presentation to the Clerk of the National Assembly before Thursday, April 14th, 2016 at 5:00PM EAT.

President Uhuru Kenyatta said on Tuesday that the Bill could not be fast-tracked to beat the deadline which Kenya has missed twice.

Currently, consultations are ongoing with the Parliamentary Committee of Labor and Sports in Mombasa, so that the Bill goes for a Second Reading in Parliament.

For Kenya to be considered fully compliant they should follow the requirements set for ADAK.

Step 1: Acceptance; Agree to the principles of the Code and agree to implement and comply with the Code.

Step 2: Implementation; Amend organization rules and policies to include the mandatory articles and principles of the Code.

Step 3: Enforcement; Enforce amended organizations’ rules and policies in accordance with the Code.

And what is the Code?
Compliance with the World Anti-Doping Code (Code)—the document harmonizing regulations regarding anti-doping in all sports and all countries—is the situation in which an anti-doping organization (ADO)—an International Sport Federation (IF), a National Anti-Doping Organization (NADO), a Major Games Organizer, etc.—finds itself after completing a three-step process in relation to the Code.

Firstly, ADO must accept the Code. By doing this, it agrees to the principles of the Code and agrees to implement and comply with the Code. Secondly, the ADO must implement the Code by amending its rules and policies to include mandatory articles and principles of the Code.

These anti-doping rules must be submitted to WADA for review, in order for the rules to be pronounced in line with the Code. Lastly, the ADO must enforce its amended rules and policies in accordance with the Code.

The key objective of such harmony is for all athletes to benefit from strong and fair anti-doping policies and protections, that are the same for all, no matter the sport, the nationality or the country where tested.