In November 2021 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Jackline Wambui after her sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Kenya Sports Disputes Tribunal.
The Athlete accepted the test result and denied the intentional use of the substance. She requested for a reduced sanction and argued that she was tested before without issues whereas she had not received anti-doping education.
She explained with documents that she had used prescribed medication as treatment for her knee and ankle injury. She asserted that she mentioned to her doctor that she was an athlete and relied on his expertise.
The Athlete was unaware that the applied medication COX-B contained Nandrolone. She acknowledged that she had not checked her medication, nor mentioned this on the Doping Control Form, nor applied for a TUE.
Further the Athlete claimed that she was unable to request analysis of her B sample because she had received the Notification from ADAK too late. The Panel agrees that the Athlete had not been notified timely by ADAK. Yet the Panel observes that thereupon the Athlete had not challenged the test results of her A sample, nor the imposed provisional suspension.
The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation.
In view of the evidence the Panel concludes that the violation was not intentional and that the Athlete demonstrated that the medication used for her treatment was the source of the prohibited substance.
The Panel determines that the Athlete acted with a degree of negligence because she had relied on the expertise of her doctor while she failed to check her medication, nor made an application for a TUE.
Therefore the Kenya Sports Disputes Tribunal decides on 29 September 2022 to impose a reduced 14 month and 3 week period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 20 December 2021.
