ADAK 2019 ADAK vs Paul Kariuki Mwangi

In August 2019 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Paul Kariuki Mwangi after his sample tested positive for the prohibtied substance Methylprednisolone.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and the case was settled by the Kenyan Sports Disputes Tribunal based on the written submissions of the parties

The Athlete admitted the violation and denied the intentional use of the substance. He explained with medical information that he had used prescribed medication as treatment for his allergies and was unaware that he needed a TUE. He acknowledged that he didn't check his medication before using nor informed his doctor that he is an athlete subjected to doping control.

Considering the evidence in this case the Panel accepts that the violation was not intentional and considers that he gave a prompt admission and established the source of the positive test. Further the Panel finds that he acted negligently since he failed to check his medication and neither informed his doctor that he is an athlete.

Therefore the Tribunal decides to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 7 August 2019.

Original document

Parameters

Legal Source
National Decisions
Date
19 January 2021
Arbitrator
Kimani, Mary N.
Kiplagat, Edmond Gichuru
Onyango, Njeri
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Negligence
No intention to enhance performance
Period of ineligibility
Prompt / Timely Admission
Waiver of "right to be heard"
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
S9. Glucocorticosteroids
Substances
Methylprednisolone
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
27 January 2021
Date of last modification
8 February 2021
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