ADAK 2018 ADAK vs Daniel Rotich Chebulei

In June 2018 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Daniel Rotich Chebulei after his sample tested positive for the prohibited substance Salbutamol. The Athlete filed a statement in is 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 he had used medication against a cold purchased at a local pharmacy.

The Panel holds that the Athlete failed to establish that he exercised any extra caution in using the alleged medication since failed to produce any evidence in support of his explanation. As the Athlete was tested before without issues the Panel is troubled to believe that the Athlete had no knowledge of what constitutes a prohibite substance and had equally not received any training on the same.

Therefore the Kenya Judiciary Office of the Sports Disputes Tribunal decides on 31 January 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 20 June 2018.

Original document

Parameters

Legal Source
National Decisions
Date
31 January 2019
Arbitrator
Kiplagat, Edmond Gichuru
Ohaga, John M.
Sifuna-Shiveka, Elynah
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Sport/IFs
Athletics (WA) - World Athletics
Laboratories
Athens, Greece: Doping Control Laboratory of Athens
Doping classes
S3. Beta-2 Agonists
Substances
Salbutamol
Document type
Pdf file
Date generated
4 March 2019
Date of last modification
27 January 2020
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