In May 2019 the Anti-Doping Agency of Kenya has reported and anti-doping rule violation against the swimmer Stephen Kimani Maina after his sample tested positive for the prohibited substance Amfetamine. After notification a provisional suspension was ordered and the Kenya Sports Disputed Tribunal rendered a decision case based on the written submissions of the parties.
The Athlete admitted the violation an denied the intentional use of the substance. He explained that he had used the substance as a student in preparation for his exams to keep him awake while he had mentioned his use of products on the Doping Control Form.
The Panel established that there was a breach of confidentiality through disclosure of the anti-doping rule violation and ADAK had not notified the Athlete about his right to test the B sample but the Athlete had admitted the anti-doping rule violation.
The Panel deems that the Athlete had not indicated which of the products he mentioned on the Doping Control Form contained the prohibited substance nor explained how the substance entered his system. Consequently he failed to demonstrate that the violation was not intentional.
Therefore the Kenya Sports Disputed Tribunal decides on 3 June 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 20 May 2020.
