In August 2022 the Athletics Integrity Unit (AIU) reported an anti-doping rule violation against the Kenyan Athlete Michael Njenga Kunyuga after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

Following notification a provisional suspension was ordered. The Athlete responded and filed a statement in his defence.

The Athlete explained with evidence that he suffered from an injury and that he underwent medical treatment in the Nyahururu County Refferal Hospital in Kenya were he received Depomedrol and vitamin B injections. Yet, the AIU determined that this medical treatment could not explain the presence of Nandrolone in his sample.

The Athlete explained in September 2022 with new evidence that as treatment for his injury he had visited the County Referral Hospital in Kenya in April 2022. There he had received a prescribed injection of Nadrolosone.

Regarding these medical treatments the AIU requested assistance from the Anti-Doping Agency of Kenya (ADAK) with an investigation into the Athlete's explanations and supporting medical documents. However ADAK's investigations revealed that the Athlete had provided false statements and forged/fraudulent documents.

The Iten County Refferral Hospital confirmed that the Athlete had visited the hospital in April 2022. Yet, no prescription had been issued, nor was an injection administered, nor was the medication Nadrolosone in stock.

Moreover the Nyahururu County Referral Hospital reported that it had no record of any medical treatment in January 2022. When interviewed in April 2023 the Athlete maintained that he underwent medical treatment in these two hospitals.

Nevertheless the AIU concluded that the Athlete had failed to explained the alleged medical treatments and, by contrast, had provided false/misleading information. Consequently the AIU reported in August 2023 a second anti-doping rule violation against the Athlete for tampering.

Hereafter the Athlete failed to respond to any of the AIU communications. Without the Athlete's reponse the AIU ultimately deems that he has admitted the violations, waived his right for a hearing and accepted the consequences.

Therefore the AIU decides on 31 October 2023 to impose an 8 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 August 2022.

In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.

Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.

These investigation reports revealed that the prohibited substances Enobosarm (Ostarine), Oxandrolone and Trenbolone had been established in the 2 samples of the Athlete Yelena Korobkina provided in July 2013 and in July 2014 .

Consequently in December 2021 World Athletics reported anti-doping rule violations against the Athlete for the use of these prohibited substances. In January 2023 the World Athletics referred the case to the Court of Arbitration for Sport (CAS) for a first instance hearing panel. 

World Athletics contended that one unofficial sample and one official sample were listed in the Moscow Washout Schedules as belonging to the Athlete, which would date from 31 July 2013 and 25 July 2014. This would prove that the Athlete was part of a doping programme.

In this regard, in accordance with the information contained in these schedules, in the leadup to the 2013 Moscow World Championships and the 2014 European Championships, the Athlete would have been using up to three prohibited substances.

RusAF did not submit an answer or any other written submissions containing requests for relief.

The Athlete denied that she had committed an anti-doping rule violation and asserted that she had been tested before without issues. Further she disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.

The Sole Arbitrator assessed and addressed the evidence provided by the Parties and determines that:

• The Athlete used prohibited substances within the Washout Testing Programme as part of a doping plan or scheme.
• The Moscow Washout Schedules are reliable with respect to the Athlete's entries and her use of prohibited substances.
• The Athlete used, in or around July 2013, Trenbolone and Ostarine.
• The Athlete used, in on around July 2014, Trenbolone and Oxandrolone.
• The Athlete violated Rule 32.2(b) of the 2012 and the 2014 IAAF Competition Rules.
• There are several aggravating circumstances in this case that justify the imposition of the maximum sanction allowed.
• Fairness requires that the Athlete's results are disqualified from 2 July 2013 to 24 July 2016.

Therefore the Court of Arbitration for Sport decides on 27 September 2023 that:

1.) The Request for Arbitration filed by World Athletics with the Court of Arbitration for Sport against the Russian Athletics Federation (RUSAF) and Ms Yelena Korobkina on 20 January 2023 is partially upheld.

2.) Ms Yelena Korobkina committed anti-doping rule violations according to Rule 32.2(b) of the 2012 and 2014 IAAF Competition Rules.

3.) Ms Yelena Korobkina is sanctioned with a period of ineligibility of four (4) years starting on the date of notification of the present award.

4.) All competitive results obtained by Ms Yelena Korobkina from 2 July 2013 through to 24 July 2016 included shall be disqualified, with all of the resulting consequences, including the forfeiture of any titles, awards, medals, points, prizes and appearance money.

5.) The costs of this arbitration, to be determined and served upon the Parties by the CAS Court Office, shall be borne by the Russian Athletics Federation in their entirety.

6.) The Russian Athletics Federation and Ms Yelena Korobkina shall each bear their own costs and the Russian Athletics Federation is ordered to pay to World Athletics the amount of CHF 5,000 (five thousand Swiss Francs) as a contribution towards World Athletics' legal fees and expenses incurred in relation to the present proceedings.

7.) All other and further motions or prayers for relief are dismissed.

In May 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Brenda Chebet after her sample tested positive for the prohibited substance Methasterone.

Following notification the Athlete gave a prompt admission, waived her right for a hearing and accepted in this settlement the sanction proposed by ADAK. The Athlete received a 1 year reduction for her timely admission of the anti-doping rule violation.

Therefore on 17 October 2023 ADAK decides to impose a 3 year period of ineligibility on the Athlete, starting on 3 September 2023.

In May 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Cynthia Kendi after her sample tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).

Following notification the Athlete gave a prompt admission, waived her right for a hearing and accepted in this settlement the sanction proposed by ADAK. The Athlete received a 1 year reduction for her timely admission of the anti-doping rule violation.

Therefore on 28 August 2023 ADAK decides to impose a 3 year period of ineligibility on the Athlete, starting on 21 June 2023.

In May 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Hannah Wairimu Mwangi after her sample tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).

Following notification the Athlete gave a prompt admission, waived her right for a hearing and accepted in this settlement the sanction proposed by ADAK. The Athlete received a 1 year reduction for her timely admission of the anti-doping rule violation.

Therefore on 19 September 2023 ADAK decides to impose a 3 year period of ineligibility on the Athlete, starting on 21 June 2023.

In March 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Zenah Jemutai Yego after her sample tested positive for the prohibited substance Triamcinolone acetonide.

Following notification the Athlete gave a prompt admission, waived her right for a hearing and accepted in this settlement the sanction proposed by ADAK. In this case ADAK establised that the Athlete's violation was not intentional and the result of Legitimate Medical Treatment.

Therefore on 7 September 2023 ADAK decides to impose a 1 year period of ineligibility on the Athlete, starting on 27 March 2023.

In May 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Agnes Mumbua after her sample tested positive for the prohibited substance Methasterone.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Kenya Sports Disputes Tribunal.

The Athlete denied the intentional use of the substance and requested the Panel for a reduced sanction. She explained that she underwent medical treatment for her condition whereas she had used medication and received injections.

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.

The Panel determines that the Athlete failed to demonstrate with any corroborating evidence that she underwent medical treatment for her alleged condition, neither that the violation was not intentional. Further the Panel considers that there had been substantial delays in the proceedings not attributed to the Athlete.

Therefore the Panel decides on 12 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 27 February 2022.

In March 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Eliud Kibet Too after his sample tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).

Following notification a provisional suspension was ordered. In this case the Athlete failed to respond to ADAK's communications, nor cooperated with the proceedings.

Further the Athlete failed to attend the hearings of the Kenya Sports Disputes Tribunal. Hence the Tribunal rendered a decision based on the written submissions of the Parties.

The Panel finds that the presence of the prohibited substance Nandrolone had been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

The Panel determines that Athlete didn't provide any explanation in his defence. Moreover he failed to respond at all and evaded cooperation with the proceedings.

Ultimately the Panel concludes that the Athlete failed to demonstrate that the violation was not intentional. He also did not explain how the substances had entered his system.

Therefore the Tribunal decides on 14 September 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of this decision.

In July 2023 the Canadian Centre for Ethics in Sport (CCES) reported an anti-doping rule violation against the Athlete David Mylnikov after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold.

Following notification the Athlete gave a promp admission, accepted the sanction proposed by CCES and signed a Waiver of Hearing. CCES accepted that the Athlete's use of Cannabis occurred out-of-competition in a context unrelated to sport performance.

Therefore CCES decides on 2  November 2023 to impose a 3 month period of ineligibility on the Athlete, starting on 11 October 2023.

Related case:

UKAD 2020 RFU vs Arran Lee Perry
September 10, 2020

On 10 September 2020 the Rugby Football Union (RFU) decided to impose a 4 year period of ineligibility on the rugby player Arran Lee Perry after he tested positive for the prohibited substance Oxandrolone.

Hereafter in February 2023 the RFU reported that the Athlete had breached his period of ineligibiltiy. Its investigation had established that he had participated in a training session in November 2022.

Following notification the Athlete acknowledged that he only participated into this training with friends and family while it was not organised by his club.

In this matter the RFU considers the Athlete's conduct and his degree of fault. The RFU concludes that there are sufficient grounds for the imposition of a reduced addition sanction on the Athlete.

Therefore the RFU decides on 10 September 2020 to impose an additional 6 month period of ineligibility on the Athlete, starting on the date the current sanction shall end, i.e. on 20 December 2023.