In December 2018 the Anti-Doping Agency of Keny (ADAK) has reported an anti-doping rule violation against the bodybuilder Gabriel Mukundi Njoki after his sample tested positive for the prohibited substance Stanozolol. 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.
The Athlete admitted the violation and denied the intentional use of the substance. He demonstrated with medical evidence that after an motorcycle accident he underwent medical treatment for his knee injury. He had used prescribed medication and was unaware that the prescribed medication Neurabol was the source of the positive test. He acknowledged that he didn’t inform his doctor that he was an Athlete and that he failed to check the ingredients of his medication before using. He was never tested before, had not attended anti-doping education sessions nor applied for a retroactive TUE.
The Panel establish that the Athlete had not applied for a retroactive TUE and accepts that he could demonstrate with medical evidence that the violation was not intentional. Considering the Athlete’s conduct in this case the Panel finds that he acted negligently because he could have done more to get acquainted with the anti-doping rules.
Therefore the Panel decides on 5 December 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 27 December 2018.
