In October 2019 the Athletics Integrity Unit (AIU) of World Athletics has reported an an anti-doping rule violation against the Kenyan Athlete Kenneth Kiprop Kipkemoi after his sample tested positive for the prohibited substance Terbutaline.
After notification and deliberations between the parties a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Athletics Disciplinary Tribunal.
The Athlete admitted the violation and accepted the test result. He explained with evidence that in September 2019 he underwent treatment for an injury, severe pneumonia and malaria. He had used a prescribed cough syrup that contained Terbutaline but was considered essential to treat the severe condition in his lungs.
The Athlete testified that when tested out-of-competition due to his injury and illness he intended to cancel upcoming races. He mentioned the use of his medication to the Doping Control Officer (DCO) but he omitted the disclosure of the prescribed medication that would prove that he bears No Fault or Negligence. He also asserted that it was inappropriate for the AIU to send him several letters with varying lengths of proposed periods of ineligibility.
The Arbitrator regards that the AIU does not contend that violation was intentional and agrees that the correspondence in question was without prejudice. It should not be understood as a willingness by the AIU to accept a lesser period of ineligibility in the course of the proceedings, nor should it be understood as evidence of bad faith on the AIU’s part.
The Arbitrator establish that the Athlete had admitted the violation, that he had used medication without having a valid TUE and that as a professional Athlete he had signed the Doping Control Form confirming that the information on his form was accurate. Further the Arbitrator holds that there were some inconsistencies in the explanations provided by the Athlete and his doctor that undermine the reliability of the evidence and testimony offered.
Considering the Athlete’s conduct the Arbitrator deems that there are insufficient grounds to conclude that the Athlete bears No Fault or Negligence, nor No Significant Fault or Negligence.
Therefore the Disciplinary Tribunal decides on 17 July 2020 to impose a 2 year period of ineligibility starting on the date of the provisional suspension, i.e. on 25 February 2020.
