ADAK 2018 ADAK vs Dr. Jerita Mkaluma Mshila

Related case:
ADAK 2017 ADAK vs Duncan Ayiemba
August 30, 2018

In September 2117 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the practicing medical doctor Jerita Mkaluma Mshila for complicity and the administration of Betamethasone to the Athlete Ferdinand Omanyala. He was treated for his injury by Dr Mshila on instigation of his Coach Duncan Ayiemba in June 2017. Dr. Mshila filed a statement in her defence and she was heard for the Judiciary Office of the Kenya Sports Disputes Tribunal.

In this matter the Coach Duncan Ayiemba and the Athlete Ferdinand Omanyala testified that Omanyal suffered from an injury en previously underwent treatment without success. Because the injury got worse the Coach took the Athlete to a clinic in June 2017 where Dr. Jerita Mkaluma Mshila administered prescribed Betamethasone injections to the Athlete. They had indicated to the doctor that the patient was an Athlete subject to doping control.

Dr. Mshila confirmed that she administered the medication to the Athlete. She explained that the medication was available over-the-counter and widely used and it had no medical side effects for the Athlete. Dr. Mshila acknowledged that she was not a sports doctor and had no specific knowledge of prohibited substances.

In spite of the contentions filed by ADAK against Dr. Mshila and based on the evidence in this case the Panel establish that:
- The Athlete Ferdinand Omanyala was indeed injured and needed medical treatment.
- Under the Rules Dr. Mshila gave medical treatment to the Athlete as Athlete Support Personnel.
- Dr. Mshila had no intention to enhance the sport performance of the Athlete.
- The applied medical treatment for the Athlete’s injury was valid and justified.

Considering the circumstances in this case the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 17 October 2018 to impose a 6 month period of ineligibility on Dr. Mshila.

show »
Type:
pdf

Parameters:

Legal
National Decisions
Date:
17 October 2018
Arbitrator
Kimani, Mary N.
Kiplagat, Gichuru
Ohaga, John M.
Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Administration / attempted administration
Complicity
Legal Terms
Admission
Case law / jurisprudence
No intention to enhance performance
Period of ineligibility
Sport/IFs
Athletics (IAAF) - International Association of Athletics Federations
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Paris, France: Agence Française de Lutte contre le Dopage (AFLD)
Doping classes
S9. Glucocorticosteroids
Substances
Betamethasone
Medical terms
Legitimate Medical Treatment
Physical injury
Various
Athlete support personnel
Document type
pdf
Category
  • Legal
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin