Kenya’s sports minister intends to criminalise doping in athletics in an attempt to bring an end to a string of cases in the sport.<\/span><\/p>\n Sports minister Ababu Namwamba hopes to fast track amendments to legislation and crack down on doping the same way the government does with drugs.<\/span><\/p>\n “Right now, the Kenya Anti-Doping Act of 2016 is not, in my view, sufficiently loaded to deal with this challenge with the force required,” Namwamba told BBC Sport Africa.<\/span><\/p>\n “Our initial investigations are that you have a very complex underground syndicate [involved in doping in athletics]. It involves agents, coaches and doctors so it will need multiple instruments to be deployed to dismantle that syndicate.<\/span><\/p>\n “I believe we need to criminalise doping and elevate handling of doping substances to the same level [as] narcotics.<\/span><\/p>\n “So in the same way we deal with drug traffickers, we should deal similarly with those engaged in this practice.”<\/span><\/p>\n Kenya’s total of 55 athletes currently banned by the Athletics Integrity Unit (AIU) for a range of violations is the third most of any nationality behind Russia (102) and India (61).<\/span><\/p>\n A further eight Kenyans have been provisionally suspended and are awaiting the outcomes of their cases.<\/span><\/p>\n The World Anti-Doping Agency (Wada) does not believe doping should be made a criminal offence for athletes, with those sanctioned having a right of appeal to the Court of Arbitration for Sport.<\/span><\/p>\n Russia has been banned from competing as a nation in athletics since 2015 but World Athletics president Lord Coe told BBC Sport that Kenya was not going to face a similar fate, although the situation in the country was “very serious”.<\/span><\/p>\n “They weren’t going to be banned because unlike the Russian situation, which we’ve been dealing with for the last seven years, there is no obvious evidence that this is state-sponsored or state-secured,” Lord Coe said.<\/span><\/p>\n “The challenge in Kenya is difficult and chaotic.<\/span><\/p>\n “The one thing that I’m optimistic about is from the very highest level of government through all the stakeholders that you would want on board – like the Anti-Doping Agency of Kenya, Athletics Kenya, the athletes themselves – there is a real determination to try and resolve this.”<\/span><\/p>\n Previous attempts to criminalise doping in Kenya have been unsuccessful, with a motion by former member of parliament and ex-athlete Wesley Korir defeated in 2016.<\/span><\/p>\n The proposal to amend the rules of the Anti-Doping Agency of Kenya (ADAK) was rejected because it went against the Wada code of criminalisation.<\/span><\/p>\n However, Namwamba is confident he can succeed in changing laws and will “have a conversation” with Wada to make sure its code is not broken.<\/span><\/p>\n “I believe doctors, agents and coaches are primary offenders and athletes are secondary offenders,” he said.<\/span><\/p>\n “And so I believe we can work out something that would satisfy the concerns of Wada in terms of classification of offences and offenders and the action appropriate for each cluster of offenders.”<\/span><\/p>\n In response to Namwamba’s latest remarks, Wada told BBC Sport Africa it does not seek to interfere in the sovereign right of any government to make laws for its people.<\/span><\/p>\n “Wada and its partners in the anti-doping community do, however, support governments that introduce laws penalizing those who are trafficking and distributing banned substances – those individuals who are ultimately putting banned substances into the hands of athletes,” a statement from the organisation added.<\/span><\/p>\n “The agency acknowledges that countries that have introduced criminal legislation for doping have been effective in catching athlete support personnel that possess or traffic performance-enhancing drugs.”<\/span><\/p>\n Lord Coe says Kenya has a “long journey” to rebuild trust in the sport, but sees difficulties ahead if athletes involved in doping are exposed to the risk of criminal proceedings.<\/span><\/p>\n “I don’t have a problem with criminalising the trafficking of these substances, malfeasance and corrupt behaviour around giving athletes these substances,” the 66-year-old said.<\/span><\/p>\n “Laying criminal law over sports law is very, very complicated. In sport we can actually ban – and we ban very quickly and we do it on a sporting code.<\/span><\/p>\n “If you then have a tier of criminal law, then there is a very different level of evidence you need in order to convict and that’s always the challenge.<\/span><\/p>\n “My issue is not actually about criminalising trafficking or making sure that the illegal use of anabolic steroids is a criminal offence. It’s actually criminalising the athletes themselves, because that is very complicated to have that overlay of those two different codes.”<\/span><\/p>\n Despite the challenges ahead of him, Namwamba is sure he can succeed in getting Kenya’s laws changed.<\/span><\/p>\n “I believe that I’ll convince parliament on the seriousness of this matter,” Namwamba said.<\/span><\/p>\n “What is at stake is beyond merely the fate of an athlete. What is at stake is the national brand and a whole economy that revolves around athletics, and it’s a huge economy.<\/span><\/p>\n “Many members of parliament represent constituencies whose economies are driven by athletics money or talent. They wouldn’t want to compromise that.<\/span><\/p>\n “I want to have a very candid conversation with parliament. I believe parliament will buy into this novel agenda of rescuing Kenya’s image.”<\/span><\/p>\nPrevious failure <\/h3>\n
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<\/span><\/span>Accepting the need to act<\/h3>\n
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