In February 2022 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Agatha Jeruto Kimaswai after her sample tested positive for the prohibited substance Clomifene.
Following notification a provisional suspension was ordered and the Athlete filed a statement in her defence. The Kenya Sports Disputes Tribunal settled the case based on the written submissions of the Parties.
The Athlete accepted the test result and denied the intentional use of the substance. She explained with medical information that she underwent treatment for her condition and that she had used prescribed medication.
She had received only minimal anti-doping edcuation and she requested for a reduced sanction. She asserted that she was unaware that her prescribed medication contained a prohibited substance.
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 determines that the Athlete has demonstrated the source of the prohibited substance and that the violation was not intentional. Nevertheless the Panel deems that she failed to establish that she acted with No Significant Fault or Negligence.
Therefore the Sports Disputes Tribunal decides on 2 March 2023 to impose a 2 year period of inelgibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 March 2022.
