ADAK 2017 ADAK vs Mark Magut Kipsoi Kwambai

In July 2017 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Kenyan Athlete Mark Magut Kipsoi Kwambai after his sample tested positive for the prohibited substance 19-norandrosterone and 19-noretiocholanolone (Nandrolone). After notification and the following delays the Athlete filed a statement in his defence and he was heard for the Kenya Judiciary Office of the Sports Disputes Tribunal.

The Athlete accepted the test result, denied the intentional use of the substance and could not explain how it entered his system. He had no knowledge of the anti-doping rules and had not received any anti-doping education. He stated that in the week before the competition in question he had used over-the-counter medication for his injury and illness and had received an injection with an unknown substance in a clinic.

The Panel holds that the Athlete had not mentioned any medication on the Doping Control Form and failed to produce any evidence in support of his statement. Further the Panel is troubled about the inconsistencies in the Athlete’s statement and finds that he failed to demonstrate on the balance of probability how the prohibited substance entered his system.

The Panel considers that the Athlete was hardly educated in anti-doping and that he was hired as pace setter for two Kenyan athletes in the marathon in Italy to enhance performance of these athletes. He ignored the instructions to stay behind as he was leading he finished the marathon in Italy in the third position and was tested accordingly. The Panel deems that the Athlete has met his burden of proof in demonstrating lack of intention although he failed to produce evidence how the substance entered his system.

Therefore the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 20 February 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 14 July 2017.

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Legal
National Decisions
Date:
20 February 2019
Arbitrator
Kimani, Mary N.
Ohaga, John M.
Shiveka, Elynah
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Anti-Doping Agency of Kenya (ADAK)
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Kenya
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English
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Roma, Italia: Laboratorio Antidoping FMSI
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