Does the punishment fit the offence? An Examination of the effectiveness of penalties for anti-doping infractions by athletes in Kenya
Date
2024
Authors
Healy, J. M.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
All athletes must follow the anti-doping regulations the same way that all people in a particular jurisdiction are required to follow the laws. Kenya has found itself in an increasingly unique position each year as the number of doping cases it has to deal with are rapidly rising. This continuing trend runs the risk of bringing about a great deal of disrepute to Kenyan athletics, and particularly for middle and long-distance running which the country has been known to produce the best athletes of all time. It seems that there is a reluctance to deal with this string of doping cases which might be linked to top names within the various sports governing bodies under the Ministry of Sports. This cartel of top-level individuals is behind ensuring that doped athletes make it to the international stage and compete for big winnings. Athletes, motivated by these “big winnings” and the backing of their coaches and doctors, are therefore willing to put their health and reputation at risk by taking performance enhancing drugs. Although it might seem “non-progressive” to suggest that criminal sanctions be tied to anti-doping offences, this strict approach might be best suited towards the disciplining of athletes who intentionally violate these anti-doping rules. Furthermore, the government should be careful to protect various classes of the public, particularly the consumers of sport from investing time, energy, and efforts into fraudulent, unclean, and corrupt schemes. Kenya runs a risk of being viewed as an untrustworthy country in the field of athletics which in the long run might have longstanding effects on future athletes. Therefore, it is paramount that a more robust legal framework on anti-doping is adopted - one which threatens a great deal of consequences for doping athletes such that doping is not a path one would ordinarily consider. There is also a need to realize two key tools that could be beneficial in the fight against doping. First, the full extent of the powers that the Anti-Doping Agency of Kenya has with regards to conducting investigations on anti-doping offences and prosecuting them; and second, that of sport governing bodies to assist it on the same quest.
Description
Full - text undergraduate research project
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Citation
Healy, J. M. (2024). Does the punishment fit the offence? An Examination of the effectiveness of penalties for anti-doping infractions by athletes in Kenya [Strathmore University]. http://hdl.handle.net/11071/15855