In July 2019 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Kenyan Athlete Jacob Kibet Chulyo Kendagor for evading and refusing to submit to sample collection after notification. After notification a provisional suspension was ordered. The Athlete file a statement in his defence and he was heard for the IAAF Disciplinary Tribunal.
The Kenyan Doping Control Officer (DCO) and Blood Control Officer (BCO) reported that in November 2018 at the Athlete’s house they attempted to conduct an out-of-competition sample collection. At first the person they met at the house identified himself as Chepkwony and claimed that he was retired from the sport of Athletics 3 years ago.
After contact with the IAAF the DCO and BCO returned to the address a few minutes later but the person had disappeared and they were told that the person Jacob Kendagor lived at that address. They established that the person who previously had identified himself to the DCO and BCO as Chepkwony was in fact Jacob Kendagor and that Chepkwony was someone different.
In his submission the Athlete Kendagor testified, supported by five witnesses, that he was innocent in this matter because only afterwards when he came back to his house he heard that his neighbour Mr. Chepkwony had met two IAAF Officers and had refused to cooperate.
Considering the testimonies in this case the Sole Arbitrator deems that the identification made by the DCO and BCO of Mr Kendagor and Mr Chepkwony through pictures on the internet would not normally comply with criminal standards required in court for positive identification and give rise to obvious possibility of error. Consequently the Sole Arbitrator finds the identification evidence was less compelling than might have been te case.
Therefore the Sole Arbitrator is not satisfied to the level of comfortable satisfaction that the individual seen by the DCO and BCO was the Athlete and decides on 22 October 2019 to dismiss the charge against the Athlete.
