Regulation of doping in sports: implications for Kenya
Doping in sport is a global menace. By end of 2009, fourteen Kenyans from diverse sports disciplines had tested positive for various prohibited substances. The need for regulation is informed by the desire to protect the health of athletes, to protect the spirit of sport and to protect Kenya's reputation as a top sporting nation. Efforts at regulation by sports bodies alone have been unsuccessful. Kenya has no anti-doping law in place. This work seeks to answer two questions: firstly, whether anti-doping law is necessary to regulate doping in sport, and, secondly, whether, in the case of Kenya, anti-doping law is necessary. This work is a desk study in which books, journal articles, Newspaper articles, international instruments, statutes and case law were analysed. Interviews with selected renowned sportspersons were also conducted. This work explores the interplay between law, science and sport. This work made several key findings which include, firstly, that none of the authors on the subject of doping and or regulation of doping has considered anti-doping law. Secondly, sports bodies have inherent structural weaknesses which make their anti-doping efforts ineffective. Thirdly, some of the causes of doping in sport such as commercialization and overproduction of prohibited substances have not been addressed in the current anti-doping efforts. Sixthly, that Kenya has no regulatory framework for anti-doping in place. It is concluded that anti-doping law is necessary in the regulation of doping in sport and that much more needs to be done besides the law. It is recommended that Kenya formulates a broad based anti-doping policy to facilitate the development of an anti-doping law.