ADAK 2018 ADAK vs Victor Wachira Miano

In June 2018 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Victor Wachira Miano after his sample tested positive for the prohibited substance Erythropoietin (EPO). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and waived his right to be heard for the Kenya Judiciary Office of the Sports Disputes Tribunal.

The Athlete denied the intentional use of the substance, could not explain how it entered his system and requested for a reduced sanction. He submitted that he only had used supplements and underwent medical treatment for his injury as mentioned on the Doping Control Form. In his 3rd submission the Athlete stated that he also had used a natural EPO booster which he failed to mention on the Doping Control Form.

The Panel did not accept the Athlete’s statements and finds that he failed to establish that the violation was not intentional nor how the substance entered his system.
Therefore the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 27 February 2019 to impose a 2 year period of ineligibility on the Athlete starting on 7 July 2018.

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Parameters:

Legal
National Decisions
Date:
27 February 2019
Arbitrator
Kimani, Mary N.
Kiplagat, Gichuru
Sifuna-Shiveka, Elynah
Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Intent
No Significant Fault or Negligence
Waiver of "right to be heard"
Sport/IFs
Athletics (IAAF) - International Association of Athletics Federations
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Anti-Doping Agency of Kenya (ADAK)
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Beijing, China: National Anti-Doping Laboratory China Anti-Doping Agency
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S2. Peptide Hormones, Growth Factors
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Erythropoietin (EPO)
Various
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