In August 2021 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the football player Wyvonne Isuza for his refusal to submit to sample collection. Following notification a provisional suspension was ordered.
The Doping Control Officers reported that on 10 March 2021 the Athlete had attended the Doping Control Station where he expressed his frustration about the Doping Control. Although he was dully warned about the consequences the Athlete thereupon refused sample collection, signed the form and left.
The Athlete filed a statement in his defence and he was heard for the Kenya Sports Disputes Tribunal. He denied that the violation was intentional and he argued that he acted without any fault or negligence.
The Athlete stated the he was frustrated that he was repeatedly tested. He was was unaware that he was included in the Registered Testing Pool (RTP) and he had received no response about his complaints.
Further the Athlete asserted that departures of the ISTI jusitfy his refusal. He had not received a notification about his inclusion in the RTP, nor anti-doping education or training in this matter, nor a Notice of Charge from ADAK.
The Panel considers that the Athlete's objections are technical infractions and these infractions would not invalidate the proceedings. Neither are these matters a serious miscarriage of justice or an offence to the principle of natural justice.
In view of the evidence the Panel establishes that the Athlete as an experienced football player refused sample collection on 10 March 2021 while he was advised to proceed. Consequently the Panel concludes that he intentionally committed an anti-doping rule violation.
Therefore the Kenya Sports Disputes Tribunal decides on 15 September 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 September 2021.
