World Athletics 2022 WA vs Eglay Nafuna Nalyanya

In March 2022 the Athletics Integrity Unit (AIU) on behalf of World Athletitcs reported anti-doping rule violations against the Kenyan Athlete Eglay Nafuna Nalyanya after her samples - provided on 1 February 2022 and on 12 February 2022 - tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

Following notification a provisional suspension was ordered. Ultimately in March 2023 the Athlete was heard for the World Athletics Disciplinary Tribunal.

At first the Athlete accepted the test results and denied the intentional use of the substance. She explained that in January 2022 she underwent medical treatment in a hospital in Kenya for her condition and received prescribed medication including  Sustanon (Testosterone).

In support the Athlete produced medical information and the statement from a Kenyan doctor. She acknowledged that she didn't mention to the doctor that she was an Athlete submitted to Doping Control.

For the AIU the Anti-Doping Agency of Kenya (ADAK) conducted an investigation into the Athlete's evidence. Thereupon ADAK established in this small hospital the doctor mentioned in the documents did not exist, nor did the Athlete underwent medical treatment.

Furthermore the Athlete's Patient Treatment Card and prescription were falsifications. Sustanon was not available in the hospital and the alleged use of this substance could not explain the presence of Nandrolone in the Athlete's sample.

Consequently the AIU reported in June 2022 anti-doping rule violations against the Athlete for the presence and use of Nandrolone and for tampering with any part of the doping control process.

Again the Athlete denied that she acted intentionally and maintained that she had received a medical treatment. She claimed that the medical documents she had provided to the AIU were authentical.

In view of similar Kenyan cases with falsified medical documents the AIU concludes that a person or persons assisted athletes including someone with considerable medical knowledge. This assistance is not limited to a single case but evidences a pattern of behaviour.

After assessment of the evidence in this case the Panel concludes that the Athlete failed to provide a credible explanation for the positive test results. Also the Panel deems that the Athlete had provided fraudulent documentation and a false explanations to the AIU.

Consequently the Panel determines that the Athlete had committed an anti-doping rule violation for the presence of Nandrolone. Additionally the Panel finds that the Athlete had tampered with the doping control process as second anti-doping rule violation.

Therefore the Panel decides on 20 March 2023 to impose an 8 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 18 March 2022.

Original document

Parameters

Legal Source
Decisions International Federations
Date
20 March 2023
Arbitrator
Haug, Tanja
Hollander, Charles
Kalkas, Hannu
Original Source
World Athletics (WA)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Tampering / attempted tampering
Legal Terms
Circumstantial evidence
Multiple violations
Period of ineligibility
Second violation
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Athletics Integrity Unit (AIU)
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Kreischa, Germany: Institute of Doping Analysis and Sports Biochemistry (IDAS)-Dresden
Analytical aspects
Mass spectrometry analysis
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
Various
Anti-Doping investigation
Doping culture
Falsification / fraud
Lying / false statement
Document type
Pdf file
Date generated
12 April 2023
Date of last modification
20 April 2023
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