IOC 2017 IOC vs Maksim Vylegzhanin - Operative Part

9 Nov 2017

Two reports commissioned by WADA, published by Prof Richard McLaren on 18.07.2016 and 09.12.2016, showed detailed evidences of organised manipulation of some Russian samples collected during the Olympic Winter Games Sochi 2014. The reports describe how urine bottles were opened and urine was switched with clean modified urine coming from a “biobank”, and how urine density had to be adjusted to match that recorded on the doping control form (if different at the time of collection) by adding salt to the sample. As a result of the McLaren Reports the IOC Oswald Commission started investigations in order to establish the possible liability of individual athletes and to issue any sanctions so that decisions could be taken as far in advance of the 2018 Winter Games as possible. In the context of this Commission the IOC decided that all the samples of all Russian athletes who participated in Sochi were re-analysed. The re-analysis establish whether there was doping or whether the samples themselves were manipulated. ________________________________________________ Maksim Vylegzhanin is a Russian Athlete competing in the Men's Skiathlon and Classic Cross Country Skiing Events at the Sochi 2014 Olympic Winter Games. The IOC Disciplinary Commission has reported an anti-doping rule violation against the Athlete and considered the facts and arguments submitted by the Parties. Therfore, pending the issue of a motivated decision, the IOC Disciplinary Commission decides on 9 November 2017 that the Athlete Maksim Vylegzhanin: 1.) is found to have committed anti-doping rule violations pursuant to Article 2 of The International Olympic Committee Anti-Doping Rules applicable to the XXII Olympic Winter Games in Sochi, in 2014; 2.) is disqualified from the events in which he participated upon the occasion of the XXII Olympic Winter Games in Sochi, in 2014, namely: (i) the Men’s 50km Freestyle Cross Country Skiing Event, in which he ranked 2nd and for which he was awarded a silver medal, a medallist pin and a diploma; (ii) the Men’s 4x10km Cross Country Skiing Event, in which he ranked 2nd and for which he was awarded a silver medal, a medallist pin and a diploma; (iii) the Men’s Skiathlon 15 + 15 km Mass Start Cross Country Skiing Event, in which he ranked 4th and for which he was awarded a diploma; (iv) The Men’s Team Sprint Classic Cross Country Skiing Event, in which he ranked 2nd and for which he was awarded a silver medal, a medallist pin and a diploma; 3.) has the medals, the medallist pins and the diplomas obtained in the above-mentioned Events withdrawn and is ordered to return the same to the International Olympic Committee. 4.) The Russian Team is disqualified from the Men’s 4x10km Cross Country Skiing Event. The corresponding medals, medallist pins and diplomas are withdrawn and shall be returned to the International Olympic Committee 5.) The Russian Team is disqualified from the Men’s Team Sprint Classic Cross Country Skiing Event. The corresponding medals, medallist pins and diplomas are withdrawn and shall be returned to the International Olympic Committee 6.) The International Ski Federation is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence. 7.) Maksim Vylegzhanin is declared ineligible to be accredited in any capacity for all editions of the Games of the Olympiad and the Olympic Winter Games subsequent to the Sochi Olympic Winter Games. 8.) The Russian Olympic Committee shall ensure full implementation of this decision. 9.) The Russian Olympic Committee shall notably secure the return to the International Olympic Committee, as soon as possible, of the medals, the medallist pins and the diplomas awarded in connection with Men’s 50km Freestyle Cross Country Skiing Event and Men’s Skiathlon 15 + 15 km Mass Start Cross Country Skiing Event to Maksim Vylegzhanin and the medals, the medallist pins and the diplomas awarded in connection with the Men’s 4x10km Cross Country Skiing Event and Men’s Team Sprint Classic Cross Country Skiing Event to the members of the Russian Team. 10.) This decision enters into force immediately.

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IOC 2017 IOC vs Evgeniya Shapovalova - Operative Part

9 Nov 2017

Two reports commissioned by WADA, published by Prof Richard McLaren on 18.07.2016 and 09.12.2016, showed detailed evidences of organised manipulation of some Russian samples collected during the Olympic Winter Games Sochi 2014. The reports describe how urine bottles were opened and urine was switched with clean modified urine coming from a “biobank”, and how urine density had to be adjusted to match that recorded on the doping control form (if different at the time of collection) by adding salt to the sample. As a result of the McLaren Reports the IOC Oswald Commission started investigations in order to establish the possible liability of individual athletes and to issue any sanctions so that decisions could be taken as far in advance of the 2018 Winter Games as possible. In the context of this Commission the IOC decided that all the samples of all Russian athletes who participated in Sochi were re-analysed. The re-analysis establish whether there was doping or whether the samples themselves were manipulated. ________________________________________________ Evgeniya Shapovalova is a Russian Athlete competing in the Women's Cross Country Skiing Event at the Sochi 2014 Olympic Winter Games. The IOC Disciplinary Commission has reported an anti-doping rule violation against the Athlete and considered the facts and arguments submitted by the Parties. Therfore, pending the issue of a motivated decision, the IOC Disciplinary Commission decides on 9 November 2017 that the Athlete Evgeniya Shapovalova: 1.) is found to have committed anti-doping rule violations pursuant to Article 2 of The International Olympic Committee Anti-Doping Rules applicable to the XXII Olympic Winter Games in Sochi, in 2014; 2.) is disqualified from the events in which she participated upon the occasion of the XXII Olympic Winter Games in Sochi, in 2014, namely: the Women’s Sprint 1.5km Freestyle Cross Country Skiing Event, in which she ranked 28th; 3.) The International Ski Federation is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence. 4. Evgeniya Shapovalova is declared ineligible to be accredited in any capacity for all editions of the Games of the Olympiad and the Olympic Winter Games subsequent to the Sochi Olympic Winter Games. 5.) The Russian Olympic Committee shall ensure full implementation of this decision. 6.) This decision enters into force immediately.

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IOC 2017 IOC vs Alexey Petukhov - Operative Part

9 Nov 2017

Two reports commissioned by WADA, published by Prof Richard McLaren on 18.07.2016 and 09.12.2016, showed detailed evidences of organised manipulation of some Russian samples collected during the Olympic Winter Games Sochi 2014. The reports describe how urine bottles were opened and urine was switched with clean modified urine coming from a “biobank”, and how urine density had to be adjusted to match that recorded on the doping control form (if different at the time of collection) by adding salt to the sample. As a result of the McLaren Reports the IOC Oswald Commission started investigations in order to establish the possible liability of individual athletes and to issue any sanctions so that decisions could be taken as far in advance of the 2018 Winter Games as possible. In the context of this Commission the IOC decided that all the samples of all Russian athletes who participated in Sochi were re-analysed. The re-analysis establish whether there was doping or whether the samples themselves were manipulated. ________________________________________________ Alexey Petukhov is a Russian Athlete competing in the Men's Cross Country Skiing Event at the Sochi 2014 Olympic Winter Games. The IOC Disciplinary Commission has reported an anti-doping rule violation against the Athlete and considered the facts and arguments submitted by the Parties. Therfore, pending the issue of a motivated decision, the IOC Disciplinary Commission decides on 9 November 2017 that the Athlete Alexey Petukhov: 1.) is found to have committed anti-doping rule violations pursuant to Article 2 of The International Olympic Committee Anti-Doping Rules applicable to the XXII Olympic Winter Games in Sochi, in 2014; 2.) is disqualified from the events in which he participated upon the occasion of the XXII Olympic Winter Games in Sochi, in 2014, namely: the Men’s Sprint 1.5km Freestyle Cross Country Skiing Event, in which he ranked 8th and for which he was awarded a diploma; 3.) has the diploma obtained in the above-mentioned Event withdrawn and is ordered to return the same to the International Olympic Committee. 4.). The International Ski Federation is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence. 5.) Alexey Petukhov is declared ineligible to be accredited in any capacity for all editions of the Games of the Olympiad and the Olympic Winter Games subsequent to the Sochi Olympic Winter Games. 6.) The Russian Olympic Committee shall ensure full implementation of this decision. 7.) The Russian Olympic Committee shall notably secure the return to the International Olympic Committee, as soon as possible, of the diploma awarded in connection with the Men’s sprint 1.5km Freestyle Cross Country Skiing Event to Alexey Petukhov. 8.) This decision enters into force immediately.

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IOC 2017 IOC vs Yuliia Ivanova - Operative Part

9 Nov 2017

Two reports commissioned by WADA, published by Prof Richard McLaren on 18.07.2016 and 09.12.2016, showed detailed evidences of organised manipulation of some Russian samples collected during the Olympic Winter Games Sochi 2014. The reports describe how urine bottles were opened and urine was switched with clean modified urine coming from a “biobank”, and how urine density had to be adjusted to match that recorded on the doping control form (if different at the time of collection) by adding salt to the sample. As a result of the McLaren Reports the IOC Oswald Commission started investigations in order to establish the possible liability of individual athletes and to issue any sanctions so that decisions could be taken as far in advance of the 2018 Winter Games as possible. In the context of this Commission the IOC decided that all the samples of all Russian athletes who participated in Sochi were re-analysed. The re-analysis establish whether there was doping or whether the samples themselves were manipulated. ________________________________________________ Yuliia Ivanova is a Russian Athlete competing in the Women's Classic Cross Country Skiing Events at the Sochi 2014 Olympic Winter Games. The IOC Disciplinary Commission has reported an anti-doping rule violation against the Athlete and considered the facts and arguments submitted by the Parties. Therefore, pending the issue of a motivated decision, the IOC Disciplinary Commission decides on 9 November 2017 that the Athlete Yuliia Ivanova: 1.) is found to have committed anti-doping rule violations pursuant to Article 2 of The International Olympic Committee Anti-Doping Rules applicable to the XXII Olympic Winter Games in Sochi, in 2014; 2.) is disqualified from the events in which she participated upon the occasion of the XXII Olympic Winter Games in Sochi, in 2014, namely: (i) the Women’s 10km Classic Cross Country Skiing Event, in which she ranked 17th; (ii) the Women’s 30km Freestyle Mass Start Cross Country Skiing Event, in which she ranked 30th; (iii) the Women’s 4x5km Cross Country Skiing Event, in which she ranked 6th and for which she was awarded a diploma; (iv) The Women Team Sprint Classic Cross Country Skiing Event, in which she ranked 6th and for which she was awarded a diploma; 3.) Has the diplomas obtained in the above-mentioned Events withdrawn and is ordered to return the same to the International Olympic Committee. 4.) The Russian Team is disqualified from the Women’s 4x5km Cross Country Skiing Event. The corresponding diplomas are withdrawn and shall be returned to the International Olympic Committee. 5.) The Russian Team is also disqualified from the Women’s Team Sprint Classic Cross Country Skiing Event. The diplomas are withdrawn and shall be returned to the International Olympic Committee. 6.) The International Ski Federation is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence. 7.) Yuliia Ivanova is declared ineligible to be accredited in any capacity for all editions of the Games of the Olympiad and the Olympic Winter Games subsequent to the Sochi Olympic Winter Games. 8.) The Russian Olympic Committee shall ensure full implementation of this decision. 9.) The Russian Olympic Committee shall notably secure the return to the International Olympic Committee, as soon as possible, the diplomas awarded in connection with the Women’s 4x5km Cross Country Skiing Event and the Women Team Sprint Classic Cross Country Skiing Event to the members of the Russian Team. 10.) This decision enters into force immediately.

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Doping Education Status In Kenya : Evaluation Of Knowledge, Attitudes And Practice Of Doping Among Elite Kenyan Athletes

4 Dec 2014

Doping Education Status In Kenya : Evaluation Of Knowledge, Attitudes And Practice Of Doping Among Elite Kenyan Athletes / Michael Boit, Paul Dimeo, Vincent Onywera , Gitahi Theuri , Festus Kiplamai , Selina Sigei, Danielle Stewart , Lorcan Cronin. - Kenyatta University ; University of Stirling. - Stirling : University of Stirling, 2014. - Report compiled for the World Anti-Doping Agency (WADA) Contents: LITERATURE REVIEW - Background - Diet and lifestyle factors - Historical and physiological explanations - Environmental influences - Athlete motivation - Global Flow - ‘Migration’ of African athletes - Drug Use: Sport and Non-Sport - Recreational drug use in Kenya - Knowledge and use of plants - Kenyan khat/ miraa - Drugs in African Sport - Participants - Procedures - Measures RESULTS - Knowledge of drug testing procedures - Knowledge of procedures following a positive test Common sources of doping information - Sports Associations - Preferred websites for drug-free sport information - Other resources and services Evaluation of knowledge about doping - Prohibited substances and methods - Testing procedures - Athlete rights and Responsibilities - Knowledge of supplements Attitudes of Kenyan athlete’s towards doping Evaluation of doping among Kenyan athlete’s - Athletes’ perceptions of the extent of doping - Association between doping and social drugs - Purposeful use of performance enhancing drugs - Knowledge of fellow athletes using P.E.D’s - Use of nutritional supplements bought over-the-counter Use of supplements by Kenyan athletes - Extent of use of herbal and nutritional supplements - Types of supplements used - Reasons for use of supplements Athletes suggestions about managing doping in their sport - Specific drug-free issues or testing needed by athletes - Means by which you would prefer to be alerted to news on drug-free sport DISCUSSION - Knowledge of doping among Kenyan athletes - Attitudes of Kenyan athletes towards doping - Doping practices among Kenyan athletes - Use of herbal and nutritional supplements - Factors that influence the doping practices of Kenyan athletes - Sources of doping information used by Kenyan athletes SUMMARY - Demographic information - Assessment of doping knowledge - Attitudes of Kenyan athletes towards doping - Doping practices among Kenyan athletes - Factors that influence doping practices amongst Kenyan athletes - Sources of doping information used by Kenyan athletes - Effect of age, gender and experience on athlete’s attitudes and doping practices CONCLUSION RECOMMENDATIONS REFERENCES APPENDIX

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Kenya - Feedback Report On The Anti-Doping Policy Advice Project

6 Jul 2015

Feedback Report On The Anti-Doping Policy Advice Project : Country Assessment Report Kenya / Vincent O. Onywera. - Paris United Nations Educational, Scientific and Cultural Organization (UNESCO), 2015 Contents: 1.0 Introduction 1.2 Political dynamics and Anti-doping Legal Frameworks in favor of anti-doping in Kenya 1.3 Compliance between national regulation and the provisions of the Convention, its annexes and appendixes 3.0 Studies on Anti-Doping in Kenya 3.1 Rating of knowledge of Drug testing procedures 3.2 Athlete’s personal rating of knowledge of procedures following a positive test 3.3 Athletes’ exposure to in and out of competition 3.4 Athletes’ perception about the fairness of Drug testing procedures 3.5 Common Sources of Doping Information among sports associations 3.6 Most common anti-doping websites 3.7 Prohibited Substances and Methods Knowledge of Doping substances among Kenyan athletes 3.8 Knowledge of Athletes’ rights and responsibilities 4.0 Findings from sports associations 4.1 Kenya’s Ministry of Sports, Culture and the arts 5.0 The situation in East Africa 5.0.1 Professional area of specialization of respondents from East Africa 5.0.2 Knowledge on drug testing procedures among anti-doping stakeholders in East Africa 5.0.3 Knowledge among anti-doping stakeholders in East Africa on the procedure that follows if and when results are positive 5.0.3 Sources of information on drug-free sport by stakeholders in East Africa 5.0.3 Websites used by stakeholders in East Africa to keep up to date with drug-free sport 6.0 Observations and Challenges 7.0 Recommendations 8.0 Recommendations following the workshop on Training of Trainers (TOTSs) on anti-doping within the East African community (EAC) held on from 2nd- 5th march 2015 at Kenyatta University, Kenya

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Sport and drugs : a critical analysis of the legal framework on doping in Kenya

1 Jan 2017

Sport and drugs : a critical analysis of the legal framework on doping in Kenya / Silicho Simiyu Soita. - Nairobi : Strathmore University, 2017. - Submitted in partial fulfilment of the requirements of the Bachelor of Law Degree, Strathmore University Law School Abstract: Doping has been inadequately provided for in law, policy and practice in Kenya over a long period of time. Proliferation of doping cases among Kenyan athletes raised doubts over the ability of the Kenyan legal framework on anti-doping to regulate the use of performance enhancing substances. This resulted into a sanction by the World Anti-Doping Agency. This study seeks to critically analyse the Kenyan legal framework on doping and assess its suitability to curb the number of doping incidences among Kenyan athletes. Among the issues to be considered include: the sufficiency and efficiency of existing Kenyan anti-doping laws, factors impeding the application of these laws and finally recommendations to improve their applicability and efficiency. Contents: Chapter One-Introduction Chapter Two: The Legal Framework On Doping In Kenya 2.1 Introduction 2.1.1 Sports Policy Framework 2.1.1.1 Drugs And Substance Abuse In Sports 2.1.2 Sessional Paper No. 3 Of 2005 On Sports Development 2.2 International Anti-Doping Legal Regime 2.3 National Anti-Doping Legal Framework 2.3.1 Legislations Relevant To Doping Before The New Anti-Doping Legal Framework Chapter Three- Comparative Study On Anti-Doping Legal Frameworks 3.1 Introduction 3.2 Germany 3.2.1 History Of Doping In Germany 3.2.2 Role Of The Federal Government In Fighting Doping 3.2.3 The German Anti-Doping Legal Framework 3.3 South Africa 3.3.1 Lessons From The Comparative Study 3.3.2 Conclusion Chapter Four- Suitability Of The Kenyan Anti-Doping Legal Framework In Regulation Of Doping 4.1 Introduction 4.2 The Constitution Of Kenya 2010 4.3 The Sport Act 4.4 The Anti-Doping Act Chapter 5-Conclusion And Recommendations 5.1 Introduction 5.2 Findings 5.2.1 Treatment Of Doping As A Sports Rule Violation Rather Than A Crime 5.2.2 Need To Further Harmonize Laws Regulating Doping 5.2.3 Independence Of The Anti-Doping Agency Of Kenya (ADAK) 5.2.4 Establishment Of A Physical Anti-Doping Infrastructure 5.2.5 Public Awareness 5.3 Recommendations 5.3.1 Need For Enlightenment On Doping 5.3.2 Need To Ensure Independence Of ADAK 5.3.3 Establishment Of A Physical Anti-Doping Infrastructure 5.4 Conclusion Bibliography Books Articles Reports Legislations Constitutions Acts Of Parliament Foreign Acts Of Parliament

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CAS 2017_A_5157 WADA vs RADO & ADAK & Athletics Kenya & Sharon Ndinda Muli

10 Oct 2017

CAS 2017/A/5157 World Anti-Doping Agency v. Africa Zone V Regional Anti-Doping Organization & Anti-Doping Agency of Kenya & Athletics Kenya & Sharon Ndinda Muli In December 2016 the Africa Zone V Regional Anti-Doping Organization (RADO) has reported an anti-doping rule violation against the Kenyan Athlete Ndinda Muli after her sample tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone. On 30 March 2017 the Sports Disputes Tribunal of Kenya decided to impose a 1 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 6 December 2016. The Athlete argued that she suffered from an heel injury and as treatment she used prescribed medication as possible source of the positive test. Hereafter in May 2017 the World Anti-Doping Agency (WADA) appealed the decision of 30 March 2017 with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the decision of 30 March 2017 and to impose a 4 year period of ineligibility on the Athlete due to the Athlete failed to establish that the anti-doping violation was unintentional. The Anti-Doping Agency of Kenya (ADAK) and the RADO confirmed that the Athlete had no TUE; that the Sports Diputes Tribunal made some errors and misapplied itself by shifting the burden of proof from the Athlete to the RADO; and the Athlete failed to explain the source of the prohibited substances in her system. ADAK and RADO rejected the claim that they are incompetent and misconceived. In this case the Sole Arbitrator determines the following issues: 1.) The Occurrence of an ADRV and the Standard Sanction 2.) Burden and Standard of Proof 3.) Was the Athlete's ADRV intentional? 4.) Reduction Based on the Athlete's Prompt Admission? 5.) Sanctions The Sole Arbitrator finds that the anti-doping rule violation was established and undisputed with a standard sanction of 4 years. The Athlete has the burden of proof and she failed to explain, on the balance of probability, how the prohibited subtances entered her system or establish the source of the prohibited substances. The Athlete failed to demonstrate that the violation was not intentional and her prompt admission does not grant her automatically an reduction of the sanction from 4 to 2 years as WADA has not approved such a reduction. Therefore the Court of Arbitration for Sport decides on 10 October 2017 that: 1.) The appeal filed on 30 May 2017 by the World Anti-Doping Agency against the 30 March 2017 Decision rendered by the Sports Disputes Tribunal of Kenya is upheld. 2.) The 30 March 2017 Decision by the Sports Disputes Tribunal of Kenya is set aside. 3.) Ms Sharon Ndinda Muli is sanctioned with a four-year period of ineligibility starting the date of her provisional suspension (i.e. 6 December 2016). 4.) Ms Sharon Ndinda Muli is disqualified from the Kenya Defence Force Championship on 29 April 2016 with all the resulting consequences including forfeiture of any medals, points, and prizes. 5.) All results earned by Ms Sharon Ndinda Muli after 29 April 2016 are disqualified, with all resulting consequences. 6.) The costs of arbitration, to be determined and notified to the parties by the CAS Court Office, shall be borne by the 40% by Africa Zone V Regional Anti-Doping Organization, 40% by the Anti-Doping Agency of Kenya, and 20% by Ms Sharon Ndinda Muli. 7.) The Africa Zone V Regional Anti-Doping Organization, the Anti-Doping Agency of Kenya, and Ms Sharon Ndinda Muli shall pay jointly and severally a total amount of CHF 3,000 (three thousand Swiss franc) to the World Anti-Doping Agency as contribution to its legal costs and other expenses that it has incurred in these proceedings. 8.) All further and other requests for relief are dismissed.

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ADAK Strategic Plan 2016/17-2019/20 (Kenya)

21 Mar 2016

Strategic Plan 2016/17-2019/20 / Anti-Doping Agency of Kenya (ADAK). - Nairobi : ADAK, 2017 Contents: CHAPTER 1 INTRODUCTION 1.1 Background 1.2 Mandate and Functions of ADAK ADAK Board 1.3 Vision, Mission and Core Values 1.4 Rationale for Preparing the Strategic Plan 1.5 Linkages with other Policies and Strategies 1.6 Challenges facing Anti-Doping Initiatives 1.7 Organization of the Strategic Plan CHAPTER 2 SITUATIONAL ANALYSIS 2.1 Introduction 2.2 Extent of Doping in Kenya 2.3 Past Anti-Doping Coordination Initiatives 2.4 Strengths, Weaknesses, Opportunities and Threats (SWOT SWOTSWOT) Analysis 2.5 PESTEL Analysis 2.6 Stakeholder Analysis CHAPTER 3 STRATEGIC MODEL FOR ADAK 3.1 Introduction 3.2 Strategic Themes, Key Objectives and Strategies CHAPTER 4 IMPLEMENTATION OF THE STRATEGIC PLAN 4.1 Introduction 4.2 Human Capital Management and Administration 4.2.1 Current Staff Establishment 4.2.2 Staff Development 4.3 Financial Resources 4.4 Current Organizational Structure 4.5 Proposed Organizational Structure 4.6 Proposed Staff Establishment 4.7 Risk Management CHAPTER 5 MONITORING AND EVALUATION 5.1 Introduction 5.2 Monitoring and Evaluation Framework 5.3 Reporting ANNEX 1: STRATEGIC PLAN IMPLEMENTATION MATRIX

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ADAK Anti-Doping Policy (Kenya)

21 Mar 2016

Anti-Doping Policy / Anti-Doping Agency of Kenya (ADAK). - Nairobi : ADAK, 2016 Acting with the guidance of the Anti-Doping Agency of Kenya – (ADAK) the National Government and the Devolved County Governments have sought to satisfy the requirements of the UNESCO Convention by adopting the anti-doping policy framework set out in this document (the “Kenya National Anti-Doping Policy”, or “Policy”). The purpose of the Kenya National Anti-Doping Policy is to set out the policy objectives and requirements of the National Government and the Devolved County Governments in the field of doping in sport, and to identify the roles and responsibilities of each of ADAK, the Sports Fund, and the national and County governing bodies of sport in Kenya (i.e., a national or regional entity which is a member of or is recognized by an International Federation ), as well as of the Sports Tribunal, in delivering on and/or otherwise supporting those objectives and requirements.

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