In July 2021 the International Olympic Committee (IOC) and in August 2021 the Anti-Doping Agency of Kenya (ADAK) reported anti-doping rule violations against the Kenyan Athlete Mark Otieno Odhiambo after his samples tested positive for the prohibited substance Methasterone.
The Athlete provided a sample in Kenya in June 2021 and a second sample in July 2021 during the Tokyo Olympic Games. After notification in July 2021 a provisional suspension was ordered and the CAS ADD deemed on 22 November 2021 that the Athlete had committed an anti-doping rule violation. Both IOC and ADAK referred their cases to the Athletics Integrity Unit (AIU).
The Athlete believed that a contaminated supplement was the source of the positive tests and with evidence he showed that he had purchased and used the supplement Amino Hardcore in Kenya. Thereupon analysis of this supplement confirmed the presence of Methasterone in this product.
The Athlete asserted that he continuously exercised extreme caution of products before purchasing and using supplements and he mentioned the use of this supplement on the Doping Control Form.
Hereafter both parties were unable to reach a settlement of the matter in July 2022. Following the Notice of Charge in August 2022 the Athlete filed a statement in his defence and he was heard for the Disciplinary Tribunal.
The Athlete denied the intentional use of the substance and argued that a comtaminated supplement was the source. Further he asserted that there had been a departure of the ISL by the Bloemfontein Laboratory and that the CAS ADD had breached the principles of natural justice.
Word Athletics contended that there was no departure of the ISL by the Bloemfontein Laboratory wheras the Athlete had not disputed the validity of the positive test for Methasterone reported by this Laboratory.
World Athletics denied that previously the CAS ADD had violated any principles of natural justice. Moreover the Panel addressed the Athlete's arguments in this matter and concludes that the progress of the CAS ADD proceedings was entirely straightforeward and proper.
Following assessment of the evidence and the Athlete's conduct in this case the Panel finds that the Athlete had demonstrated that the source of the positive test was the supplement Amino Hardcore and that the prohibited substance was not disclosed on the product label.
The Panel determines that the Athlete's violation was not intentional and that both anti-doping rule violations shall be considered together as one single first violation. Furthermore the Panel concludes that the Athlete did not manifestly disregard the risk of contamination and made a reasonable Internet search regarding the supplement Amino Hardcore.
Nevertheless a majority of the Panel finds that there are no grounds for No Significant Fault or Negligence because the Athlete had not exercised a high level of caution before using the contamined product.
Therfore on 7 December 2022 the Disciplinary Tribunal decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 31 July 2021.
