ADAK 2020 ADAK vs George Nganga Kimotho

Related case:

ADAK 2020 ADAK vs George Ng' ang'a Kimotho - Appeal
April 22, 2021

In December 2019 the Anti-Doping Agency of Kenya has reported and anti-doping rule violation against the Athlete George Nganga Kimotho after his sample 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 Sports Disputes Tribunal.

The Athlete gave a prompt admission and denied the intentional use of the substance. He explained with evidence that he suffered from several conditions and underwent treatment with prescribed medication while he mentioned to his doctor that he was an Athlete. He believed that the administered Nandrophen injections were the source of the positive test and acknowledged that he didn't check his medication before using. He didn't mentioned the injections on the Doping Control Form because he was embarrassed about his erectile problem.

ADAK contended that the Athlete gave a prompt admission, cooperated with the proceedings and demonstrated how the prohibited substance entered his system. However he acted negligently since he failed to check the ingredients of the prescribed medication before using.

Considering the circumstances the Panel concludes that the violation was not intentional and that the Athlete had acted negligently. Further the Panel considers that he gave a prompt admission, provided substantial assistance en demonstrated how the prohibited substance entered his system.

Therefore the Sports Disputes Tribunal decides on 28 July 2020 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 6 December 2019.

Original document

Parameters

Legal Source
National Decisions
Date
28 July 2020
Arbitrator
Kimani, Mary N.
Mola Owinyi, Allan
Onyango, Njeri
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Negligence
No intention to enhance performance
Period of ineligibility
Prompt / Timely Admission
Substantial assistance
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Doha, Qatar: Antidoping Lab Qatar, Doping Analysis Lab
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
Medical terms
Legitimate Medical Treatment
Physical injury
Document type
Pdf file
Date generated
12 October 2020
Date of last modification
28 June 2021
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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Origin