ADAK 2017 ADAK vs Eric Muthomi Riungu

In September 2017 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the the Athlete Eric Muthomi Riungu after his sample tested positive for the prohibited substance Salbutamol in a concentration above the WADA threshold. After notification a provision suspension was ordered. 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, accepted the test result, denied the intentional use of the substance and requested for a reduced sanction. He explained that in July 2017 he suffered from asthma and pneumonia and underwent treatment in a medical clinic. He was unaware that the prescribed medication contained a prohibited substance.

The Panel accepts that the violation was not intentional and that he acted negligently as he failed to mention his medication on the Doping Control Form nor did he apply for a TUE.
Therefore the Kenya Judiciary Office of the Sports Disputes Tribunal decides on 29 November 2018 to impose a 2 year period of ineligibility on the Athlete starting on 3 October 2017.

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Legal
National Decisions
Date:
29 November 2018
Arbitrator
Kiplagat, Gichuru
Ottieno, Gilbert Moore Titus
Sifuna-Shiveka, Elynah
Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
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Adverse Analytical Finding / presence
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Negligence
No intention to enhance performance
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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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S3. Beta-2 Agonists
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Salbutamol
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Asthma
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