Related case:
ADAK 2020 ADAK vs George Nganga Kimotho
July 28, 2020
On 28 July 2020 the Sports Disputes Tribunal decided to impose a 2 year period of ineligibility on the Athlete George Nganga Kimotho after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
In First Instance the Panel concluded that the violation was not intentional and that the Athlete had acted negligently. Further the Panel considered that he gave a prompt admission, provided substantial assistance en demonstrated how the prohibited substance entered his system.
Hereafter in October 2020 the Anti-Doping Agency of Kenya (ADAK) appealed the Decision. ADAK requested the Appeal Panel to set aside the Decision of 28 July 2020 and for the imposition of a sanction of 4 years.
ADAK contended that the Athlete had failled to demonstrate with evidence that the violation was not intentional and that the prohibited substance was used for medical purposes and not for performance enhancement.
The Athlete denied that the violation was intentional and that he had demonstrated how the substance had entered his system as a result of medical treatement for his erectile dysfunction.
The Appeal Panel establishes that the Athlete had admitted the violation and accepted the test result. Further the Panel finds that the Athlete had failed to demonstrate with evidence that the positive test result was caused by the injections he had received as treatment for his erectile dysfunction.
Accordingly the Appeal Panel concludes that the Athlete failed to prove that the violation was not intentional, nor how the prohibited substance had entered his system, nor that he bears No Significant Fault or Negligence.
Therefore the Appeal Panel decides to set aside the Decision of 28 July 2020 and to impose 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 December 2019.
