ADAK 2019 ADAK vs Lazarus Too

Related case:
ADAK 2017 ADAK vs Lazarus Too
September 13, 2018

On 13 September 2018 the Judiciary Office of the Kenya Sports Disputes Tribunal decided to impose a 2 year period of ineligibility on the Athlete Lazarus Too for an anti-doping rule violation, starting on 7 July 2017.

Hereafter in February 2019 the Anti-Doping Agency of Kenya reported that the Athlete had breached the imposed period of ineligibility through his participation in a Marathon in France on 23 September 2019. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Sport Disputes Tribunal.

The Athlete admitted the violation and denied that he intentionally had breached the period of ineligibility. He claimed that his lawyer failed to communicate to him that he was sanctioned for 2 years. He acknowledged that he had financial problems that compelled him to participate in the Marathon in France.

ADAK requested the Tribunal to impose a new 2 year period of ineligibility on the Athlete starting at the end of the current period of ineligibility. ADAK contended that the Athlete acted grossly negligently or otherwise failed to establish that the violation was not intentional.

The Tribunal finds that the Athlete indeed has breached the imposed period of ineligibility without grounds for a reduced sanction. Therefore the Sport Disputes Tribunal decides on 4 March 2020 to impose a new 2 year period of ineligibility on the Athlete starting at the end of his current period of ineligibility.

Original document

Parameters

Legal Source
National Decisions
Date
4 March 2020
Arbitrator
Kimani, Mary N.
Ochieng, Peter
Sifuna-Shiveka, Elynah
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Breach of ineligibility
Legal Terms
Admission
Case law / jurisprudence
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
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Pdf file
Date generated
15 April 2020
Date of last modification
11 May 2020
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