ADAK 2019 ADAK vs Recho Jerubet Kosgei

In May 2019 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Recho Jerubet Kosgei after her sample tested positive for the prohibited substances Androsterone and Etiocholanolone.

After notification a provisional suspension was ordered. There were substantial delays in the proceedings attributed to the Athlete and due to the COVID-19 Pandemic while the Athlete failed to file a statement in her defence nor attended the hearing of the Kenya Sports Disputes Tribunal.

ADAK requested the Panel to impose a 4 year sanction and argued that she committed an anti-doping rule violation because the presence of prohibited substances had been established her sample. Further ADAK contended that the Athlete failed to demonstrate that the violation was not intentional nor how the substances entered her system. The Athlete in her previous submission only produced protests of innocence and suggested without evidence that the supplements, medication or other products had caused the positive test.

The Panel concludes that the Athlete committed an anti-doping rule violation and didn't demonstrate that the violation was not intentional nor how the substances entered her system. Also the Athlete failed to respond to the charges and failed to participate in the proceedings. She was duly notified and she repeatedly sought adjournments and postponements of the hearing.

Therefore the Kenya Sport Dispute Tribunal decides on 1 October 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 20 May 2019.

Original document

Parameters

Legal Source
National Decisions
Date
1 October 2020
Arbitrator
Ochieng, Peter
Onyango, Njeri
Ouko, Gabriel
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Substantial delay / lapsed time limit
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Seibersdorf, Austria: Seibersdorf Labor GmbH Doping Control Laboratory
Doping classes
S1. Anabolic Agents
Substances
3α-hydroxy-5α-androstan-17-one (androsterone)
Etiocholanolone
Medical terms
COVID-19
Various
Lack of cooperation / obstruction
Document type
Pdf file
Date generated
12 October 2020
Date of last modification
29 March 2022
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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Origin