In April 2019 the Anti-Doping Agency of Kenya has reported an anti-doping rule violation against the Athlete Paul Kipkorir Kipkemoi after his sample tested positive for the prohibited substance 1,3-Dimethylbutylamine (1,3-DMBA).
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and with considerable delays in the proceedings he was heard for the Sports Disputes Tribunal of Kenya.
The Athlete denied the intentional use of the substance and argued that he was tested before since 2009 without issues. He acknowledged that he had used supplements and medication which turned out to contain the prohibited substance.
He asserted that he had cooperated with ADAK, provided information about the products he had used, and that he had mentioned these on the Doping Control Form. He had not waived his right to analyse his B Sample after the Notification and complained that due to the delays he had already served a provisional suspension of almost 2 years.
ADAK contended that the Athlete had committed an anti-doping rule violation and requested for the imposition of a sanction of 4 years. It found that the Athlete had acted negligently in using supplements and medication without any research. ADAK acknowledged that it had not notified the Athlete about his right to analyse his B Sample, nor was it analysed.
The Tribunal finds that without departures of the ISL the presence of a prohibtied substance had been established in the Athlete's A Sample and accordingly that he had committed an anti-doping rule violation. The Tribunal agrees that the B Sample analysis was not notified to the Athlete, yet hereafter during the proceedings none of the Parties had requested analysis of the B Sample.
The Tribunal accepts that the violation was not intentional and regards that the Athlete made genuine efforts to find the exact source of the prohibited substance. Further the Panel deems that the Athlete had acted negligently and considers that there were delays and omissions in the proceeding attributed to ADAK.
Therefore the Kenya Sports Disputes Tribunal decides on 7 April 2021 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 23 April 2019. Due to the established omissions the costs of the proceedings shall be borne by ADAK.
