Related case:
ADAK 2023 ADAK vs Samuel Lomoi - Appeal
November 28, 2023
In October 2021 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Samuel Lomoi after his sample tested positive for the prohibited substance Triamcinolone acetonide.
Following notification a provision suspension was ordered. The case was referred to the Kenya Sports Disputes Tribunal and settled based on the parties' written submissions.
The Athlete accepted the test result timely and denied the intentional use of the substance. He believed that there was no evidence that he acted intentionally, rather that he acted with No Significant Fault or Negligence.
He explained with medical documents that at the material time he underwent treatment in a hospital for his diagnosed pheumonia. He used the prescribed medication out-of-competition while he acknowledged hat he had not researched his medication before using.
ADAK contended that the Athlete failed to demonstrate that the violation was not intentional, nor how the substance had entered his system. His prescribed medication did not contain prohibited substances and as such could not be the source of the positive test.
The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel assessed the Athlete's conduct in this case and determines that:
- The fact that a doctor had prescribed medication does not excuse the Athlete from his responsibility in the context of anti-doping.
- The source of the prohibited substance has not been established.
- His prescribed medication did not contain prohibited substances.
- He failed to research his medication, nor mentioned his medication on the Doping Control Form.
- He acted intentionally because he clearly disregarded material risk of an anti-doping rule violation.
- There are no grounds for a reduced sanction.
- The Athlete timely had accepted the test result.
Therefore the Panel decides on 6 January 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 12 September 2021.
