Prof. Dr. Dr. Moni Wekesa LL.B Hons, LL.M, PhD Law, Dip (KSL), B.ED Sc, M.Sc, PhD Sports Medicine

OUTLINE Definition of Doping History of Doping in Kenya Prohibited List Drugs prevalent in Kenyan sport Sources of drugs in Sport Anti-Doping Act, 2016 Duties and Liabilities Outstanding Issues

Definition of Doping

Prohibited substance in the body Attempted administration Complicity Adverse biological passport

History of Doping in Kenya

First case in the 1990’s – John Ngugi Numerous positive cases football Weightlifting Rugby Boxing Athletics No serious systems in place for anti-doping About 50 positive cases by Dec. 2016

History Nov 2013-April 2014 – Taskforce Rampant doping in all sports No mechanism to fight doping Persons involved – Coaches Pharmacists Medical practitioners Recommended – Enactment of anti-doping laws Establishment of anti-doping body

History 24 th Dec 2015 – Presidential decree – Established Anti-Doping Agency of Kenya Testing Education Investigations Results management Research 22 nd April 2016 – Anti-Doping Act, 2016

Effects of Doping

Unfair competition Millions of shillings won – over 60 million (athletics), 200 m (tennis), billions (boxing) Between 5-20 m a week (football) Permanent disability e.g. sterility Death

Prohibited List (

Prohibited List S0 – non-approved substances S1 – Anabolic agents S2 – Peptide hormones, growth factors, related substances & mimetics S3 – Beta2-agonists S4 – Hormone & metabolic modulators S5 – Diuretics and masking agents S6- Stimulants S7 – Narcotics S8 – Cannabinoids (both natural & synthetic) S9 - Glucocorticoids

Prohibited methods M1 – Manipulation of blood & blood components M2 – Chemical & Physical manipulation M3 – Gene doping Prohibited in selected sports - P1 – Alcohol P2 – Beta blockers

Drugs Prevalent in Kenyan Sport

Anabolic steroids – Boldenone Clenbuterol Stanozolol Metenolone Erythropoietin (EPO) Cathine, Ephedrine Cannabinoids

Sources of Drugs in Kenyan Sport

Chemists/Pharmacies Shops Over the Counter Drugs Food supplements Internet Cross-border trade

Anti-Doping Act, 2016

Duties and Liabilities of a Pharmacist

Anti-Doping Act, 2016 s. 5 creates the Anti-Doping Agency of Kenya (ADAK) Functions of ADAK Testing Education Results Management Therapeutic Use Exemption (TUE) Prosecution Research Police powers

Anti-Doping Act, 2016 S.23 Therapeutic Use Exemption Committee Composition 1 Medical doctor – chair 1 medical doctor 1 Clinical Pharmacist 1 retired international level athlete 1 retired sports administrator Functions – Process applications for TUE Verify TUEs granted by international sports bodies

Anti-Doping Act, 2016 s.42 ( 1 ) (1) A person or body who – a) disobeys a summons by ADAK; b) fails to produce any sample, document, papers or thing on the order of ADAK; c) refuses to submit a sample and/or to be examined in furtherance of this Act; d) fails to comply with any lawful order or direction of ADAK; e) presents to ADAK a false document or makes a false statement with the intent to deceive or mislead investigating officers; f) deliberately submits false information; g) wilfully obstructs or hinders any person acting in the performance of functions or exercise of powers conferred by this Act; h) in any way interferes with the functioning or operations of ADAK, whether unduly or unlawfully; i) violates the rules relating to confidentiality, public disclosure and data privacy ; commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment not exceeding one year or to both

liabilities 42(2) Any person or body who – a) unlawfully transports or transfers prohibited substances, within and without Kenya; b) stocks supplies of products containing prohibited substances in an unlawful manner; c) administers or applies or generally causes an athlete to use prohibited substances; commits an offence and shall be liable, on conviction, to a fine not below three million shillings or to imprisonment of not less than three years or to both. In case of corporate bodies their trading licences shall be withdrawn for a period of not less than one year in addition to a fine.

liabilities 42(3)Any person participating in recreational sport in Gyms, Fitness Centres, Private Clubs and similar facilities who – a) Uses or causes another person to use a prohibited substance or method b) Is found in possession of a prohibited substance c) administers or attempts to administers a prohibited substance d) Buys, sells, stocks, transports or in any way deals with a prohibited substance commits an offence and shall be liable, on conviction, to a fine not below one hundred thousand shillings or to imprisonment of not less than one year or to both; provided that if such a person is an athlete or athlete support personnel then such a person shall be subjected only to the sanctions specified in sub-section 6

liabilities 42(4)A medical practitioner, Pharmacist, Veterinary Surgeon, Dentist, Nurse, Physiotherapist, traditional herbalist, or any other health related professional who – a) Prescribes and 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 d) Aids, abets or in any way encourages the unlawful use of prohibited substances in sport commits an offence and shall be liable upon conviction to a fine not below three million shillings or to imprisonment for a term of not less than three years or to both, and shall have his professional licence revoked for a period of not less than one year

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