Related case:
ADAK 2018 ADAK vs Dr. Jerita Mkaluma Mshila
October 17, 2018
In September 2017 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Coach Duncan Ayiemba for the administration of Betamethasone to the Athlete Ferdinand Omanyala. Here the Athlete was instigated by the Coach to undergo medical treatment by Dr. Mshila. After notification a provisional suspension was ordered. The Coach filed a statement in his defence and he was heard for the Judiciary Office of the Kenya Sports Disputes Tribunal.
The Coach Duncan Ayiemba and the Athlete Ferdinand Omanyala admitted the violation and stated that it was not intentional. Both testified that Omanyala suffered from an injury and previously underwent treatment without success. Because the injury got worse the Coach took the Athlete to a clinic in June 2017 where Dr. Mshila administered prescribed Betamethasone injections to the Athlete. Here they had indicated to Dr. Mshila that the patient was an Athlete subject to doping control. Dr. Mshila testified about the Athlete’s medical treatment and she confirmed that they had indicated that the patient was an Athlete. She acknowledged that she was not a sports doctor and had no specific knowledge of prohibited substances.
The Panel considers the circumstances in this case and accepts that the violation was not intentional and that the Coach acted without Significant Fault or Negligence. Therefore the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 30 August 2018 impose a 2 year period of ineligibility on the Coach starting on 18 September 2018.
