In July 2017 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Lazarus Too after his sample tested positive for the prohibited substance Furosemide.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Judiciary Office of the Kenya Sports Disputes Tribunal.
The Athlete denied the intentional use of the substance, accepted the test result and stated that he previously had used several medications and supplements. He acknowledged that he failed to mention his medication on the Doping Control Form neither did he apply for a TUE.
He requested for a reduced sanction and asserted that there were substantial delays in the notification of the violation and the imposition of the provisional suspension not attributed to the Athlete.
ADAK contended that the violation was established and admitted by the Athlete, that his conduct was grossly negligent due to that he failed to check his medication and supplements for prohibited substances before using.
The Panel considers the Athlete’s degree of fault in this case and the delays in the proceedings not attributed to the Athlete. The Panel concludes that the Athlete acted negligently and that the violation was not intentional. Therefore the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 13 September 2018 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 7 July 2017.
