In September 2017 the Anti-Doping Agency of Kenya has reported an anti-doping rule violation against the Athlete Mathew Kipchirchir Kosgei after his sample tested positive for the prohibited substance Recombinant Erythropoietin (rhEPO). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and the case was settled by the Judiciary Office of the Sports Disputes Tribunal based on the written submissions of the parties.
The Athlete admitted the violation ans explained that before the competition in December 2016 a multi vitamin was injected by a person and that he was not able to contact this man. Hereafter the Athlete failed to respond to the ADAK communications.
ADAK requested the Panel to impose a 4 year period of ineligibility on the Athlete and contended that the Athlete showed a lack of cooperation in not attending the hearing of the Tribuanl and by not responding the ADAK communications.
The Panel finds that the presence of a prohibitied substance had been established in the Athlete's sample and accordingly that he had committed an anti-doping rule violation. The Panel holds that the Athlete was duly notified and concludes that the Athlete failed to demonstrate that the violation was not intentional. The Panel considers that the delays in the proceedings were attributed to the Athlete and deems that he had waived his right for a hearing.
Therefore the Sports Disputes Tribunal decides on 29 January 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 15 September 2017.
