In December 2019 the Athletics Integrity Unit (AIU) of World Athletics has reported an an anti-doping rule violation against the Kenyan Athlete Mercy Jerotich Kibarus after her samples tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
Previously on 10 August 2015 the Athletics Kenya’s Medical Commission had imposed a public warning on the Athlete after she tested positive for the prohibited substance Furosemide.
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the World Athletics Disciplinary Tribunal.
The Athlete denied the intentional use of the substance and argued that there had been several departures of the ISTI and ISL that would invalidate the test result. The AIU rejected the Athlete’s allegations that there had been an error in the collection, storage and analysis of the samples.
The Arbitrator establish that the test results are valid and dismissed the Athlete’s speculations about a possible swapping of samples and alleged deficiencies in the collection, testing, analysis, reporting, handling and storage of the samples. Based on this evidence the Arbitrator finds that the AIU satisfied its burden of proof in establishing the presence of a prohibited substance and accordingly that the Athlete committed an anti-doping rule violation.
Because there is no doubt that the warning imposed on the Athlete on 10 August 2015 was an anti-doping rule violation the Arbitrator deems that the Athlete now has committed a second anti-doping rule violation.
Without grounds for the application of the principle of lex mitior the Athlete however is allowed to file an application to the Anti-Doping Organization which had Results Management to consider a reduction of the period of ineligibility before the period of ineligibility has expired.
Therefore the Disciplinary Tribunal decides on 14 July 2020 to impose an 8 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 5 December 2019.
