On 18 October 2016 the Independent Tribunal Panel of the Africa Zone V Regional Anti-Doping Organization (RADO) decided to impose a 4 year period of ineligibility on the Athlete Ken Kirui after his sample tested positive for the prohibited substance betamethasone.
Hereafter the Athlete appealed the RADO decision with the Judiciary Office of the Kenya Sports Disputes Tribunal. The Athlete filed a statement with evidence in his defence and he was heard for the Appeal Panel.
The Athlete requested the Panel to impose a less severe sanction and argued that the anti-doping violation was not intentional because he had used an over-the-counter drug Celestamine containing Betamethasone as treatment for his allergies. In support the Athlete produced medical evidence about his allergies and the performed treatments. The Athlete argued that he was tested for the first time in his carreer, he mentioned his medication on the Doping Control Form, had received minimal anti-doping education and was unknown with a TUE.
The RADO admitted that the imposed sanction on the Athlete was too strict and too harsh because the Athlete gave a prompt admission, the violation was not intentional, he mentioned his medication on the Doping Control Form and was honest in his statements.
The Appeal Panel accepted the Athlete’s statement and finds that the Athlete established how the substance entered his system. The Panel finds also that the Athlete failed to apply for a TUE. Therefore the Appeal Panel of the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 14 June 2017 to set aside the RADO decision of 18 October and to impose a 1 year and 3 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 21 July 2016.
