In October 2018 the Anti-Doping Agency of Kenya has reported an anti-doping rule violation against the Athlete David Kipkoech Ndusu after he evaded and refused to comply to submit to sample collection.
After notification a provisional suspension was ordered. The Judiciairy Office of the Sports Disputes Tribunal settled the case based on the written submission of the parties since the Athlete's advocate failed to file a statement in his defence nor attended the hearing of the Tribunal.
ADAK contended that in his submissions the Athlete already had admitted that he had been approached and requested to provided a sample but that he did not believe that the chaperone was an ADAK official. He admitted that he did not ask the chaperone for an official identification and that he walked away and failed to submit to sample collection.
In his submissions the Athlete argued that after the Nairobi Marathon he was approached by a person requesting him to submit to sample collection. The Athlete admitted the violation and alleged that he feared for his safety as he was approached by a person outside the venue and an hour after the Marathon without showing any identification.
Regarding the proceedings the Panel established that ADAK's Notice of Charge of 11 December 2018 was delivered late to the Athlete on 10 January 2019 to conclude that the Athlete gave a prompt admission hereafter.
Considering the circumstances and the Athlete's conduct during the notification the Panel finds that violation was intentional and he failed to provide compelling reasons to justify his evasion or refusal to submit to sample collection. The Panel holds that after the notification he reacted hasty or perhaps phobic against the chapeone in question.
Therefore the Kenya Judiciary Office of the Sports Disputes Tribunal decides on 28 July 2020 to impose a 2 year period of ineligibility on the Athlete starting on the date of the competition, i.e. on 28 October 2018.
