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Tue, April 04, 2023

World Athletics v Eglay Nafuna Nalyanya

World Athletics v Eglay Nafuna Nalyanya

A decision in the case of World Athletics (WA) against Eglay Nalyanya has been issued by the Disciplinary Tribunal.

On 13 June 2022, the AIU issued Ms Nalyanya, a Kenyan road runner, with a Notice of Charge for committing Anti-Doping Rule Violations for the Presence of 19-Norandrosterone (a Metabolite of Nandrolone) and Use of Nandrolone and/or Nandrolone precursors, a Prohibited non-Specified Substance, and Tampering in connection with the Results Management process. This was following Ms Nalyanya twice separately (on 1 and 12 February 2022) providing In-Competition urine Samples, which resulted in Adverse Analytical Findings. 

The Disciplinary Tribunal, comprised of Mr Charles Hollander KC (Chair), Dr Tanja Haug, and Mr Hannu Kalkas, was appointed to hear this matter. 

Upon being faced with an adverse analytical finding for the Presence of 19-Norandrosterone, Ms Nalyanya explained that she sought treatment for abdominal pains and excessive bleeding and failed to mention to the doctor who treated her on 12 January 2022 that she was an elite-level international athlete subject to doping control testing. While having considered the oral and documentary evidence presented by both Ms Nalyanya and the witnesses for WA, the Tribunal did not accept any part of Ms Nalyanya’s evidence. 

The Tribunal was satisfied that based on the evidence provided by WA’s witnesses, albeit supporting that Ms Nalyanya had been logged on the Outpatient Department Register as having been at the Uasin Gishu County Hospital on the day, it was neither possible that the injection Ms Nalyanya states she received was the source of the 19-Norandrosterone nor that the hospital was the site where the injection was administered. Indeed, the documents supplied by Ms Nalyanya did not match the hospital records, the attending doctor is not listed on the Register of Medical Officers practising in the hospital and his signature was not recognised. Additionally, prescribing Sustanon is very unlikely as the medication is never stocked at the hospital and not widely administered. The Tribunal therefore concluded that Ms Nalyanya knowingly provided fraudulent documentation and a false explanation. The Tribunal accordingly inferred that the ingestion of the Prohibited Substance was deliberate. 

The Tribunal thereby determined that the Anti-Doping Rule Violations (ADRVs) had been established pursuant to articles 2.1, 2.2, and 2.5 ADR. The violations taken together constitute a single violation, in accordance with article 10.9.3(c). The Rules further state that the tampering violation is treated as a stand-alone first violation and the period of Ineligibility for this must be served consecutively with the period of Ineligibility imposed for the underlying anti-doping violation. Therefore, a period of Ineligibility of 4 years was imposed in respect of the breaches of articles 2.1 and 2.2, while a further period of Ineligibility of 4 years was imposed in respect of the breach of Article 2.5 ADR, to be served thereafter. The sanction, totalling eight years, is imposed retroactively and commencing on 18 March 2022. Ms Nalyanya’s results (including, all associated titles, ranking points, and prize money) earned on and since 1 February 2022 shall also be disqualified.

 

Sport Resolutions is the independent secretariat to the World Athletics Disciplinary Tribunal.

A copy of the full decision can be accessed via the related links tab on the right-hand side.

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