ADAK 2022 ADAK vs Mathew Kiplangat Saw

In June 2022 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Mathew Kiplangat Saw after his sample tested positive for the prohibited substance Triamcinolone acetonide.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and the case was referred to the Kenya Sports Disputes Tribunal. There were  delays in the proceedings attributed to the Athlete. He repeatedly failed to respond, nor attended the hearing of the Tribunal. 

Prior the Athlete had admitted the violation and denied the intentional use of the substance. He explained with medical information that the prescribed substance was used in a hospital as treatment for his knee injury.

ADAK contended that the Athlete failed to demonstrate that the violation was not intentional, nor how the substance had entered his system. Also ADAK requested the Panel for an additional sanction because its investigation had established that the medical evidence produced by the Athlete were falsifications.

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 determines that the Athlete failed to establish that the violation was not intentional, nor how the substance had entered his system. The Panel deems that the Athlete clearly acted intentionally in view of the falsified medical information.

Therefore the Panel decides on 29 June 2023 to impose a 4 year period of ineligibility on the Athlete, starting on 11 July 2022.

Original document

Parameters

Legal Source
National Decisions
Date
29 June 2023
Arbitrator
Mola Owinyi, Allan
Ouko, Gabriel
Sifuna-Shiveka, Elynah
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
Circumstantial evidence
Intent
Substantial delay / lapsed time limit
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Doha, Qatar: Antidoping Lab Qatar, Doping Analysis Lab
Doping classes
S9. Glucocorticosteroids
Substances
Triamcinolone acetonide
Various
Anti-Doping investigation
Falsification / fraud
Document type
Pdf file
Date generated
1 August 2023
Date of last modification
14 September 2023
Category
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  • ADRV
  • Legal Terms
  • Sport/IFs
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  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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Origin