Related case:
ADAK 2019 ADAK vs James Mwangi Wangari
September 23, 2020
23 September 2020 the Kenyan Sports Disputes Tribunal decided to impose a 4 year period of ineligibility on the Athlete James Mwangi Wangari after his sample tested posive for the prohibted substance Testosterone.
Hereafter in December 2022 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported a new anti-doping rule violation against the Athlete after he tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Athletitcs Disciplinary Tribunal.
The Athlete accepted the test result and denied the intentional use of the substance. He alleged that a contaminated supplement had caused the positive test result and that he acted with No Significant Fault or Negligence.
He asserted that without success he made diligent attempts to establish the source of the prohibited substance. Because of the costs he was also unable to request analysis of his B sample.
World Athletics contended that the Athlete had committed a second anti-doping rule violation and failed to demonstrate with corroborating evidence that he acted with No Significant Fault or Negligence. Because of the high concentration established in the sample his violation is deemed to be intentional.
The Sole Arbitrator Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed a second anti-doping rule violation. The Panel deems that the Athlete failed to demonstrate that the violation was not intentional.
The Sole Arbitrator considers that there is no corroborating evidence about the contamination theorie. Moreover the Sole Arbitrator agrees that the high concentration found in the Athlete's sample can only be consistent with the administration of a Nandrolone injection.
Therefore the Disciplinary Tribunal decides on 7 December 2023 to impose an 8 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 21 December 2022.
