UNIT CODE: CLS 449 RESEARCH PAPER II
TOPIC: THE LEGAL FRAMEWORK ANTIDOPING - A CASE STUDY OF KENYA.
SUPERVISOR: MR. CHARLES B. G. OUMA
OJOO MALCOLM AJULU-1030078
CHAPTER TWO
LITERATURE REVIEW
The review aims to examine existing scholarly and research works related the issues brought
forth and also to identify the gaps in knowledge and/or law thus providing a comprehensive
understanding of the subject to inform the study’s objectives and recommendations.
These findings underscore the need for improved regulatory mechanisms and greater
transparency in the sector.
Articles
Kenya is known for her sporting prowess. Moni Wekesa acknowledges that Kenyan athletes
have dominated major track and field competitions since the 1960s, to date. He is of the
notion that the sustained interest in sports and in particular Athletics could be fuelled in part
by the ever increasing commercialization in sport, where winners are known to earn bumper
cash prizes at one athletics meeting/competitions. In 2023 Hellen Obiri won the Boston
Marathon and the New York City Marathon and amassed a total of Ksh. 35,713,750/- making
her the highest paid Kenyan track and field athlete in 2023. He further goes on to describe the
development of Sports in Kenya which he suggests that it was done on the sideline of the
then public authority, as sports has always derived its own rules, thus it could be said that
Sports is governed by Private law. As a result, it gave rise to the various sports organisations
with the International Olympic Committee at the top, followed by international sports
federations such as IAAF, then Continental federations and National federations in the
middle and lastly the clubs at the bottom. The bone of contention has always been at what
point could public authorities come in to regulate sports. He acknowledges the attempt made
by International Sports federations to incorporate principles of law f