Doping: First hurdle cleared but athletes' sins bring tough sanctions on business

Medical practitioners, chemists, importers and transporters of drugs in Kenya are facing monumental task of seeking compliance with proposed laws aimed at curbing doping by athletes.

The proposed laws, which the World Anti-Doping Agency (Wada) has given a nod to be discussed in the National Assembly, recommends among other things revocation of doctor’s professional licences, jail terms and fines.

Kenya is in a race against time to beat the April 5 deadline set by Wada if the country that prides in being home to world beating athletes is to be removed from the “doping watch list.”

Failure to beat the deadline means Kenya could miss the Rio Olympics this August.

Under Section 42 (4) of the Anti-Doping Bill 2016, 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) 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.

Such an offender, “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.”

The proposed laws do not spare transporters either.

Under Section 26 (2), any 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; 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.”

Athletes will bear greatest responsibility of ensuring they are free of the banned substances according to the Bill.

Under Section 27 sub section 5 an athlete shall; (a) be knowledgeable of, and comply with, the Anti-Doping Rules.

“Provided that lack of such knowledge shall not be used as a defence in case of infringement of any provision of this Act and (b) be responsible for ensuring that no prohibited substance enters his or her body.”

Although the Bill proposes stringent measures aimed at curbing drug abuse by athletes and sports persons in general, it establishes a Therapeutic Use Exemption Committee that grants a leeway to genuine cases of athletes seeking medication to ailment.

Prof Moni Wekesa, the Sports Ministry’s lead consultant in drafting the Bill said yesterday it was a big relief as the country had cleared the first hurdle towards complying with Wada rules on doping.

“There is more work to be done. Focus now shifts to Parliament. We extremely happy with Wada’s guidance,” Mr Wekesa said.

Wada’s approving of Mr Wekesa’s document now pours cold water on another sponsored by Cherangany MP and former Boston Marathon winner Wesley Korir.

On Monday, the Ministry of Sports submitted Wekesa-drafted bill to the National Assembly, which if passed into Law before the April 5 deadline, Kenya will be removed from the Wada’s doping watch list.

“Wada seeks to have a uniform mechanism of curbing doping across the globe. Wada is also considerate enough to know there are genuine cases of treatment using drugs on prohibited list.

However, an athlete must apply for the same at the Therapeutic Use Exemption Committee to avoid unnecessary sanctions,” Mr Wekesa said.