ADAK 2017 ADAK vs Edwin Kiprop Kibet

In July and in September 2017 the Anti-Doping Agency of Kenya (ADAK) has reported two anti-doping rule violations against the Athlete Edwin Kiprop Kibet after his samples - provided in December 2016 and in April 2017 in China - tested positive for the prohibited substance 19-norandrosterone (Nandrolone). After notification a provisional 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.

In this case there were delays as a result of miscommunication from the Chinese Authorities in the notification of the anti-doping rule violations to the Athlete. Hereafter in July 2017 ADAK took over results management from the Chinese Authorities.

The Athlete admitted the violation, denied the intentional use of the substances and requested for a reduced sanction. He explained that het had received injections as treatment for his ankle injury and was unware that it contained a prohibited substance nor did he know he had to mention his medication on the Doping Control Form.

The Panel deems that the 2 anti-doping violations are considered as one single anti-doping rule violation and that the Athlete had acted with a high degree of negligence. The Panel concludes that he failed to establish that the violation was not intentional nor did he demonstrate with evidence how the prohibited substance entered his system. Further he didn’t mention his medication on the Doping Control Form and he failed to apply for a TUE.

Therefore the Sports Disputes Tribunal decides on 4 October 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of provisional suspension, i.e. on 7 July 2017.

Original document

Parameters

Legal Source
National Decisions
Date
4 October 2018
Arbitrator
Kimani, Mary N.
Ochieng, Peter
Sifuna-Shiveka, Elynah
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
Multiple violations
Negligence
Notification / identification
Substantial delay / lapsed time limit
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Seibersdorf, Austria: Seibersdorf Labor GmbH Doping Control Laboratory
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
Document type
Pdf file
Date generated
27 January 2020
Date of last modification
20 February 2020
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