ADAK 2016 ADAK vs Bisluke Kipkorir Kiplagat

In December 2016 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Kenyan Athlete Bisluke Kipkorir Kiplagat after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone). After notification the Athlete filed a statement in his defence and he was heard for the Kenya Judiciary Office of the Sports Disputes Tribunal.

The Athlete gave a prompt admission and denied the intentional use of the substance. He stated that he underwent medical treatment for his condition and that his doctor injected prescribed medication to him 4 days before the competition in question. The Athlete stated that he indicated to his doctor that he was an athlete and he provided him the WADA prohibited list.

The Panel does not accept the Athlete’s statement due to he failed to produce any evidence in support nor established that the violation was not intentional.
The Panel finds the Athlete’s behavior to be extremely negligent and failed to comply with his duties as an athlete subjected to anti-doping testing. He neglected all stop signs and accepted the obvious risk that the medication that was injected would indeed contain a prohibited substance leading to an anti-doping rule violation.

Therefore the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 27 February 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 23 October 2016.

Original document

Parameters

Legal Source
National Decisions
Date
27 February 2019
Arbitrator
Kimani, Mary N.
Ohaga, John M.
Ouko, Gabriel
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Intent
Prompt / Timely Admission
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Bogota, Colombia: Laboratorio de Controle al Dopaje [*]
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
Medical terms
Treatment / self-medication
Document type
Pdf file
Date generated
9 April 2019
Date of last modification
15 April 2019
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