Related case:
ADAK 2017 ADAK vs Irene Jeptoo Kipchumba
March 28, 2019
On 28 March 2019 the Judiciary Office of the Kenya Sports Disputes Tribunal decided to impose a 2 year period of ineligibility on the Athlete Irene Jeptoo Kipchumba for an anti-doping rule violation, starting on 22 September 2017.
Hereafter in May 2019 the Anti-Doping Agency of Kenya reported that the Athlete had breached the imposed period of ineligibility through his participation in a competition in Malasyia on 21 April 2019.
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and failed to attend the hearing of the Sport Disputes Tribunal.
ADAK contended with evidence that the Athlete had partipated in a competition while the period of ineligibility had not ended and requested the Tribunal to impose a new period of ineligibility on the Athlete.
The Athlete admitted her participation in Malasya and submitted that she also had participated in two other competitions. She asserted that she was unaware that her period of ineligibility had not ended because she believed the sanction started on the date of the sample collection, 19 March 2017, ending on 19 March 2019. In fact it started on the date of the provisional suspension, 22 September 2017, ending on 22 September 2019.
The Tribunal finds that the Athlete was duly notified and it deems in her absence that she had waived her right for a hearing. Based on the evidence the Tribunal established that the Athlete indeed had breached the period of ineligibility and that she acted with a high degree of fault for her believe that the sanction already had ended.
Therefore the Sport Dispute Tribunal decides on 5 March 2020 to impose a new 2 year period of ineligibility on the Athlete starting at the end of the current period of ineligibility, i.e. on 22 September 2020.
