Inside the Kenya Anti-Doping Act 2016

The extent to which the Kenya Anti-Doping Act of 2016 which was passed by parliament and signed into law by the President differed from the version approved by World Anti-Doping Agency (WADA) is startling.

Contrary to what the government termed as minor questions by WADA as to the reason for Kenya being declared non-compliant by WADA a total of 24 queries were raised by WADA in regards to the Act in a document that I have seen.

For instance, Section 3 (b) which indicated to whom the act applies to has provisions which narrow the scope of the Act to only focus on athletes instead of ALL sports women and men.

Part VI of the Act that tackled General Provisions and which is at the core of the Act was found to have been severely mutilated. Removed were the parts binding all sports people to the anti-doping rules, the making compliance to anti-doping rules a requirement to participation in sports in Kenya and the requirement for cooperation with Anti-Doping Agency of Kenya (ADAK) by all sportspeople.

WADA also had in issue with Section 26 (k) which terms unlawful stocking, distribution, transporting, selling or dealing in prohibited substances as prohibited activities in the Act. WADA does NOT consider this an anti-doping violation.

WADA is also uncomfortable with the lack of clarity in Section 42 (6) on how anti-doping violations would be handled.

Section 30 (4) which gives powers to an anti-doping compliance officer to arrest, search and detain a suspect for 24 hours was found to take Kenyan anti-doping officials into foray of criminal and prosecution procedures.

WADA took issue with a recommendation in Section 37 (2) that ADAK would annually submit a report to the Cabinet Secretary of Sports. The WADA code is transparent and so it would want public publication of the report and a copy given to WADA.

Section 7 (1) which laid out the functions of ADAK was found to have severely whittled down the functions of ADAK. WADA is for an ADAK that is totally independent.

Section 15 which tackled the conduct, regulation and powers of the ADAK board raised eyebrows with WADA. The board is top-heavy with government officials and political appointees. In the Schedule of the Act WADA once again took exception with the sweeping powers given to the ADAK board.

Section 23 (1) that established the Therapeutic Use Exception Committee was found to be altered from the final version approved by WADA.

Section 24 (2 & 3) that gives guidelines on Therapeutic Use Exception was found to have been modified and clarity lost.

WADA sought clarity in Section 31 (1) on whether the tribunal for dispute resolution would be before or after court process and what the disciplinary procedure would be.

Section 27 (6a) had a surprise reference to the Athlete Testing Programme which WADA sought clarification for as it was not in the definitions.

Section one alone of the bill had 10 comments with WADA questioning the deletion words or changes in phrasing. WADA questions were – Clarify how “prohibited activity” can be defined and why this replaced “anti-doping rule violation? Clarify whether a healthcare practitioner would fall under Athlete Support Personnel or there is a distinction?

The definitions of “national level athlete”, “out-of-competition testing”, “prohibited association”, “trafficking” were changed compared to final version approved by WADA.

All in all quite starling how the government managed to submit a law with SO SO many errors and put at risk the Olympics dreams of all Kenyan sportspeople.

This kind of incompetence needs to be punished by the President.

 

 

Now to salvage the situation, the Kenyan government delegation led by Cabinet Secretary Foreign Affairs Amina Mohammed and the Cabinet Secretary Sports, Arts and Culture Hassan Wario met with World Anti-Doping Agency officials led by WADA Director General David Howman for day long deliberations in Montreal Canada on Tuesday 18th May.

The road map agreed with the government of Kenya and WADA will see adoption of the amendments to the Act, presentation of the amended clauses to parliament followed by presidential assent. Thereafter the amended bill will be presented to WADA where the WADA compliance committee will review and give approval.

While this process is on-going Kenyan athletes will be allowed to participate in international sport and Kenya will have representation at the Rio Olympics.

GOD BLESS KENYA!

 

Of fairy tales coming true

On Sunday 1^st of May 2016 the eyes of many football fans in the world were fixed on Old Trafford to see if Leicester’s fairy tale would reach its climax at the Theater of Dreams.

A win and the 5000/1 underdogs at the start of the season would be crowned EPL champions at the home of the twenty time champions.

I had a front row seat to witness this unlikely spectacle and I was living a fairy tale.

Walking in Manchester on match day was akin to Nairobi on Mashemeji derby day. Fans decked in their club’s colors, singing and chanting. The visiting Leicester fans were the noisier and livelier.

In the tram to Old Trafford, chatted with 50 year old Steve. For 43 years, he had been going to Old Trafford. Began with his dad and never stopped. Tradition inculcated. Steve bleeds Red for Manchester United and his passion is life and death.

Outside the Old Trafford tram station met Denise. A Leicester City season ticket holder who despite living in Dubai had attended all but two home games. She is the embodiment of the Leicester roots that had sprouted the fairy tale that had captured the world’s imagination.

Walking towards Old Trafford with the thousands of fans was like making a pilgrimage. Stalls selling merchandise, open trucks offering fast food and beer on the go, hawkers calling out for their wares, fans singing all made one forgot the freezing rainy weather.

Several searches and into the stadium I went. “This is it! This is it!’ was the mantra I continually chanted under my breath as I searched for my seat.

I could not stop shaking. Perhaps due to the biting cold but mostly due to the overwhelming sense of occasion.

Seeing the teams warm up, seeing at close range the players I had only ever seen on TV so close was exhilarating.

The teams then went back to the changing rooms and I settled back on my seat watching the stadium fill up.

A few minutes before 4 and the teams lined up at the tunnel to walk into the stadium. The atmosphere was electric with 75,275 fans attending the historical match and the noise levels hitting a crescendo.

As the teams began their walk into the stadium, the announcer said “Ladies and Gentleman, Welcome to the Theater of Dreams, Manchester United and Leicester City.”

I screamed. The fan next to me screamed. Everyone screamed. I have never heard so much stadium noise. Words cannot do justice to the atmosphere at Old Trafford. You have to experience it to understand.

Antony Martial’s early goal got me flying off my seat. Wes Morgan’s headed equalizer and the unbridled joy of the 3,000 traveling Leicester fans was a sight to behold. The first 45 minutes flew past breathlessly. In the second half the pace was less frantic but the drama was still as intense. The second 45 minutes were topped off with a red card for Leicester and penalty denied for Manchester United.

The match ended 1-1. An apt result for the player’s endeavors on the pitch and in my mind as a Manchester United fan as well as a Friend of Leicester.

Leicester players walked across the pitch to acknowledge their fans. Manchester United fans gave Leicester players and fans a standing ovation. I marveled at the delightful touching moment of sporting camaraderie.

Outside the stadium, Leicester fans were in great cheer. They may not have bagged the three points to win the title but they had got a point and anything other than a Spurs win the following day and their team would be champions.

So they sung and sung and sung. In praise of coach Claudio Ranieri, in praise of Jamie Vardy, Riyad Mahrez.

“We are going on a European tour..European tour..European tour” was chanted repeatedly.

Amidst the boisterous traveling Leicester fans were Kenyans and Burundians. Surprisingly. I talked to them in Kiswahili and they spoke of their over ten years support for Leicester and the delight of seeing them almost be champions of England. One of the Kenyan gentlemen again from Mombasa proudly informed me that he was the barber for Mahrez and showed me pictures to prove it. Fairy tale things.

This is a story about fairytales. Watching the game in person was the furthest thing on my mind when I sat watching Leicester City’s 4-nil win over Swansea on Sunday April 24th.

“Ulloa again. 3-0. Three points seemingly bagged without Vardy. 8 points ahead with 3 games to go. Your move Spurs. #FriendsOfLeicester”

Is what I tweeted after Leonardo Ulloa scored the third goal in that match.

“Next Sunday – Man Utd v Leicester. Teren. Top 4 chase v Title chase. #FriendsOfLeicester tings will be tested :-).”

Was my follow-up tweet.

What I meant was that my decade’s long love and support for Manchester United would be tested by my season long love of at that point runaway league leaders Leicester City.

Manchester United after a topsy-turvy season were somehow still in contention for a top four finish in the English Premier League and a chance to play in Europe. A minor fairy tale given the nature of the season with manager Louis Van Gaal in charge.

However the bigger fairy tale was the almost being relegated to top of the table exploits by Leicester City. A collection of castaways, journeymen, and nobody’s who had somehow not only managed to escape relegation but to everyone’s shock sat atop of the English Premier League.

Imagine my joy when the following day, Monday, I learnt of an opportunity to travel to the United Kingdom to watch the Manchester United versus Leicester City game at the Old Trafford.

But there was a twist to my taste of a fairy tale experience. I needed a UK visa urgently. Tuesday was spent filing and dropping the application while Wednesday and Thursday were spent praying, crossing my fingers and refreshing my email.

An email from the visa processing office on Thursday had me running across town to Westlands to get the results which to my eternal delight were positive. My joy knew no bounds. My fairytale was on track.

Lift off from JKIA was Friday lunchtime. Touchdown in cold and rainy Manchester was Saturday morning.

The tickets availed required dressing up and thus a trip to Primark to suit-up was the first order of business. Three hours, two carry-ons bags and a MacDonald’s detour later I was back in my hotel room.

A quick shower and out I went to navigate Manchester. First port of call was the mecca for many a football fans. Old Trafford. A stadium and museum tour were the goal. Got myself to the tram station after several wrong turns, managed to buy a tram ticket from the automated machine and I was on my way.

Three stops later I alighted at the Old Trafford station. Purposeful strides. Heart beating faster. Mind on overdrive. Imagine my shock when the first signage I saw was Emirates. Did a double take and realized that this was the Manchester Cricket Grounds. Sharp intake of breathe and off I went again. Couple of minutes later and I was at the Sir Matt Busby Way. A motley of fast food joints and a pub aptly named Trafford were begging to be sampled but I had my eyes on the ball.

And then finally there it was. Old Trafford. In its magnificent imperious splendor. The Theater of Dreams. I was in dreamland. Spine tingling. Mouth agape. Hands on my head. Heard myself chant Oh My God repeatedly. Sat on a bench to steady my shaking legs. This was it. This was my fairytale come true.

After halfway composing myself I made my way in. Stewards in the black uniforms and bright yellow reflector coats stood at the entrance standing between me and my goal.

With thousands of fans in Manchester for the historic game to my horror the stadium and museum tour was sold out. I was in shock. So near yet so near. Fairytale was turning to night mare.

As I stood there for who knows how long to catch my bearings a steward brought the news that there was an opening for a 30 minute tour. Oh joy! I jumped on the opportunity faster than Bolt at the Olympics.

Started with the museum tour which was orgasmic. The trophy room is overflowing. The memorabilia from Keane, Cantona, Schmeical, Giggs playing days was a marvel to behold. The video reliving the 1999 UEFA champions’ league final win gave me goose bumps. Seeing the three trophies from the treble year as well as the three jerseys from each of the treble season competitions brought so much pride.

Then was the stadium tour. Walking in and reading the “You are now entering the Theater of Dreams” sign on the wall almost made my heart stop. Short flight of stadium and bathed in glorious sunlight was the stands and pitch.

Standing at the Sir Alex Ferguson stand, facing the Sir Bobby Charlton Stand with the Stretford End on my left. A sea of red folded up seats. The pitch in impeccable condition. Sensory overload as an old gent gave us a speech on the different stands and cracked us up with dry British humor. Time stood still as I absorbed all these then flew as the old gent abruptly announced it was time to leave.

Traced my steps back to the museum and relived the memories. Then finally grudgingly walked out of the stadium.

 

As I sought to say thank you to the stewards who had given my dream life and to ask for directions to the merchandise shop another fairytale experience awaited me.

“Habari yako” asked one of the stewards. Kiswahili at Old Trafford was surreal. “Mzuri,” followed by “Ala, hutoka wapi wewe?” Was my reply once I got over my shock.  “Wewe wafikiri natoka wapi? Huko huko utokako” was the swift reply.

With the ice broken we chatted for 15 minutes. Mohammed from Mombasa left Kenya close to thirty years ago to study in the UK. For 25 years he has worked at Old Trafford in his own words, kutafuta rizik. When I marveled at the fact that he must have seen all the Manchester Legends up close, his reply was simply, wanatalanta…lakini si ni binadamu tu…What was a magical dreamy experience to many was routine day’s work to others. Grounded me.

Different from Kenya where the full buffet of EPL matches is on offer to football fans, in the UK very few pubs show the games. So when I walked into Trafford Pub run by Stacy and Sarah and found the Arsenal Norwich game on-going I pulled a seat and soaked up the British pub experience.

Still walking on cloud nine I made my way back to the hotel with a spring on my step.

The title deciding Chelsea versus Tottenham game would find me 30,000 feet in the air as I traveled back home on Monday night.

Having watched a game at the Old Trafford I now broke new ground. One of my traveling companions streamed the game on the plane and my fairy tale continued as I watched Spurs throw away a 2-nil lead at the break to draw with Chelsea.

Eden Hazard’s beautiful equalizer was met by loud cheers and the final whistle and the ensuing brawl by high fives.

Incredibly Leicester were champions of England.

A fitting end to an incredible UK tour that was the stuff of fairy tales.

GOD BLESS KENYA!

PS: This trip was part of a promotion by gaming platform mCHEZA to reward its customers by giving them fully paid for VIP trips for European live match experiences. Other games lined up for the lucky winners are the UEFA Europa league 2016 finals on May 18th and the UEFA Champions League Finals on May 28th.