ADAK 2018 ADAK vs Philemon Kipruto Koskei

In October 2018 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Kenyan Athlete Philemon Kipruto Koskei for the use of the prohibited substance Erythropoietin (EPO). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Sports Disputes Tribunal of Kenya.

The Athlete admitted the violation and stated that he is now retired from Athletics since the provisional suspension was ordered. He confirmed that he had used the substance to improve his stamina but also stated that it was used as medical treatment for his injuries while he was unaware that it was prohibited.

The Tribunal holds that the Athlete had admitted the violation and gave conflicting statements about his use. Further the Tribunal establish that this case is based only on the Athlete’s admission while ADAK failed to file any evidence that shows that the Athlete tested positive for the presence of EPO in his sample nor that the violation was intentional. Considering the absence of this evidence in this case the Tribunal deems that ADAK failed to establish that the violation was intentional.

Therefore the Sports Disputes Tribunal of Kenya decides to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 29 October 2018.

Original document

Parameters

Legal Source
National Decisions
Date
5 August 2019
Arbitrator
Kimani, Mary N.
Ochieng, Peter
Ohaga, John M.
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Use / attempted use
Legal Terms
Admission
Burdens and standards of proof
No intention to enhance performance
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Medical terms
Physical injury
Treatment / self-medication
Various
Retirement
Document type
Pdf file
Date generated
22 October 2019
Date of last modification
20 February 2020
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