ADAK 2016 ADAK vs Bernard Kipkemoi Bosuben

In January 2016 the International Association of Athletics Federations (IAAF) has reported an anti-doping rule violation against the Kenyan Athlete Bernard Kipkemoi Bosuben after his sample - provided in China in November 2015 - tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

Initially the China Anti-Doping Agency (CHINADA) and the Chinese Athletics Association (CAA) had result management but thereafter they failed to open proceedings against the Athlete. After deliberations the case was transferred to the Anti-Doping Agency of Kenya (ADAK). Proceedings were opened by ADAK in November 2016 followed by more delays. After notification by ADAK the Athlete filed a statement in his defence and he was heard for the Kenya Judiciary Office of the Sports Disputes Tribunal.

The Athlete admitted the violation, denied the intentional use, accepted the test result and requested for a reduced sanction. He explained that during his his stay in China in November 2015 he had used a supplement (Decabolin) purchased in Hong Kong as treatment for his knee injuries. He acknowledged that he failed to mention his supplement on the Doping Control Form and also failed to apply for a TUE because he was unaware of this procedure. The Athlete complained about the failures of the Chinese Authorities for issuing a notification and a provisional suspension causing substantial delays.

The Panel considers the Athlete’s admission and his degree of fault in this case. It finds that he failed to exercise due care as he didn't mention during the purchase that he was an athlete and subject to doping control. Neither did he reseach his supplement before using.
The Panel agrees that there were substantial delays and errors in this case not attributed to the Athlete.

Therefore the Kenya Judiciary Office of the Sports Disputes Tribunal decides on 29 November 2018 to impose a 4 year period of ineligibility on the Athlete starting backdated into the date of the sample collection, i.e. on 1 November 2015.

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Parameters:

Legal
National Decisions
Date:
29 November 2018
Arbitrator
Kiplagat, Gichuru
Ochieng, Peter
Sifuna-Shiveka, Elynah
Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
ADRV Notice
Commencement of ineligibility period
Negligence
Procedural error
Provisional suspension
Substantial delay / lapsed time limit
Sport/IFs
Athletics (IAAF) - International Association of Athletics Federations
Other organisations
Anti-Doping Agency of Kenya (ADAK)
China Anti-Doping Agency (CHINADA)
Chinese Athletic Association (CAA)
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Beijing, China: National Anti-Doping Laboratory China Anti-Doping Agency
Doping classes
S1. Anabolic Agents
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19-norandrosterone
Nandrolone
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