ADAK 2020 ADAK vs Joseph Mbatha

In December 2019 the Anti-Doping Agency of Kenya has reported an anti-doping rule violation against the Athlete 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 he was heard for the Kenya Sports Disputes Tribunal.

Because of the costs the Athlete refreined from testing the B sample and denied the intentional use of the substance. He had only used supplements and provided medical information and the supplement bottles and containers he had used to the Tribunal.

The Panel concludes that the Athlete was unable to demonstrate how the prohibited substance had entered his system nor that the violation was not intentional.

Therefore the Sports Disputes Tribunal decides on 19 August 202 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 20 December 2019.

Original document

Parameters

Legal Source
National Decisions
Date
19 August 2020
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
Case law / jurisprudence
Circumstantial evidence
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Various
Supplements
Document type
Pdf file
Date generated
12 October 2020
Date of last modification
26 October 2020
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  • Various
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