ADAK 2017 ADAK vs Jemimah Jelagat Sumgong

IAAF 2018 IAAF vs Jemimah Jelagat Sumgong
January 17, 2019

In April 2017 the International Association of Athletics Federations (IAAF) has reported an anti-doping rule violation against the Kenyan Athlete Jemimah Jelagat Sumgong after her sample tested positive for the prohibited substance recombinant human erythropoietin (rhEPO). After notification a provisional suspension was ordered. The Athlete file a statement in her defence and was heard for the Judiciary Office of the Kenya Sports Disputes Tribunal.

The Athlete admitted the violation and stated that she underwent medical treatment in the Kenyatta National Hospital in February 2017 for a severe bleeding due to a extopic pregnancy and that a blood transfusion and medication was administered. The Athlete asserted that the ectopic pregnancy condition is a taboo within her community and this cultural issue is also reason why she did not apply for a TUE.

On being asked by the Anti-Doping Agency of Kenya the Kenyatta National Hospital reported in June 2017 that the medical records provided by the Athlete were not authentic and that the Athlete did not undergo medical treatment in the Hospital in February for a gynaecological emergency as an ectopic pregnancy. There was no record that EPO was administered to the Athlete and EPO as medication was not the standard practice as treatment in the Hospital for ectopic pregnancies.
The Hospital stated that the Athlete only visited the Hospital in April 2017 for a second opinion consultation regarding the treatment of ectopic pregnancy and surgery she underwent in 2009.

The Panel finds that the test result established the presence of rhEPO, she failed to demonstrate that the violation was not intentional and failed to explain how the substance entered her system. Also the Panel finds that the Athlete attempted to deceive the Panel about her alleged medical treatment in the Hospital.

Considering the very serious nature of the violation and the Athlete’s degree of Fault the Panel of the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 31 October 2017 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 3 April 2017.

Original document

Parameters

Legal Source
National Decisions
Date
31 October 2017
Arbitrator
Ochieng, Peter
Ohaga, John M.
Sifuna-Shiveka, Elynah
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Circumstantial evidence
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Medical terms
Treatment / self-medication
Various
Falsification / fraud
Lying / false statement
Document type
Pdf file
Date generated
8 November 2017
Date of last modification
27 February 2020
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  • Legal Terms
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  • Analytical aspects
  • Doping classes
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  • Various
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