In July 2020 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Alphas Leken Kishoyian 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 was heard for the Kenya Sports Disputes Tribunal.
ADAK requested the Tribunal for the imposition of a sanction of 4 years and contended that the Athlete had failed to establish the source of the prohibited substance, nor grounds No Fault or Negligence.
At first the Athlete denied the intentional use of the substance and he mentioned some probable sources that could have caused the postive test result. Later in February 2021 the Athlete admitted that he had used Deca Durabolin to gain body weight.
The Athlete argued that the use of the product occurred Out-Of-Competition during the COVID-19 lockdown when competitions were cancelled and he had no benefit from the substance's performance enhancement. Further he asserted that he had provided substantial assistance to ADAK and acknowledged that he had not mentioned the products he had used on the Doping Control Form.
Considering the evidence in this case the Tribunal finds that the presence of the prohibited substance had been established in the Athlete's sample and accordingly that he had committed an anti-doping rule violation as admitted by the Athlete.
The Tribunal considers whether the Athlete had provided substantial assistance and ordered ADAK to investigate this matter. The Tribunal concludes that the Athlete had used the substance intentionally and without a medical prescribtion to enhance his body weight. As a result the Athlete failed to demonstrate that the violation was not intentional, nor grounds for No Fault or Negligence.
Therefore the Tribunal decides on 6 May 2021 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 28 July 2020.
