CAS 2017/A/5175 IAAF v. ADAK, AK & Benjamin Ngandu Ndegwa - Partial Arbitral Award
Related case:
CAS 2017_A_5175 IAAF vs ADAK, Athletics Kenya & Benjamin Ngandu Ndegwa - Final Award
November 17, 2017
In July 2015 the International Association of Athletics Federations (IAAF) has reported an anti-doping rule violation against the Kenyan Athlete Benjamin Ngandu Ndegwa after his A and B samples tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).
On 13 April 2017 the Kenyan Sports Disputes Tribunal decided to impose a reduced 20 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 6 July 2015.
Hereafter in June 2017 the IAAF appealed the Kenyan decision of 13 April 2013 with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to set aside the Appealed Decision and to impose a 4 year period of ineligibility on the Athlete.
The IAAF asserted that there are no grounds for a reduced sanction and the Athlete had also breached several times the accepted provisional suspension.
In this Partial Arbitral Award, pending the issue of a full motivated Award, the Court of Arbitration for Sport decides on 17 November 2017 that:
1.) The appeal filed by the International Association of Athletics Federations on 2 June 2017 is upheld.
2.) The Decision rendered by the Sports Dispute Tribunal of the Republic of Kenya on 13 April 2017 is set aside.
3.) Mr Benjamin Ngandu Ndegwa is sanctioned with a four-year period of ineligibility starting on the date of this Partial Award.
4.) All competitive results obtained by Mr Benjamin Ngandu Ndegwa from and including 6 June 2015 to the date of this Partial Award are disqualified with all resulting consequences, including forfeiture of any medals, points and prizes.
5.) The costs of the arbitration, the parties' legal and other costs incuned in connection with the present proceedings shall be determined in a further Award.
