ADAK 2018 ADAK vs Peter Kiptoo Kiplagat

In March 2018 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Peter Kiptoo Kiplagat after his sample tested positive for the prohibited substance Clenbuterol. 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 accepted the test results, denied the intentional use of the substance and argued that he was tested before without issues. He could not explain how the substance entered his system and he believed that the positive test was the result of contaminated supplements or contaminated meat he had consumed. The Athete requested for a reduced sanction on the basis of No Significant Fault or Negligence.

The Panel did not accept the Athlete’s assertion as he failed to demonstrate this with evidence. He also failed to establish that the violation was not intentional, nor did he demonstrate No Significant Fault or Negligence in this case. The Panel deems that the violation was intentional or the result of the Athlete’s reckless conduct.

Without grounds for a reduced sanction the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 16 August 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 9 March 2018.

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Parameters:

Legal
National Decisions
Date:
16 August 2018
Arbitrator
Onyango, Njeri
Ouko, Gabriel
Shiveka, Elynah
Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
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Case law / jurisprudence
Sport/IFs
Athletics (IAAF) - International Association of Athletics Federations
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Anti-Doping Agency of Kenya (ADAK)
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Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
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S1. Anabolic Agents
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Clenbuterol
Various
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Food and/or drinks
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