ADAK 2019 ADAK vs Beatrice Jepkorir Rutto

In May 2019 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Beatrice Jepkorir Rutto after her sample, provided in Kenya in April 2019, tested positive for the prohibited substances Heptaminol and Enobosarm. After notification a provisional suspension was ordered

In August 2019 ADAK reported a new anti-doping rule violation against the Athlete after her sample, provided in Rwanda in June 2019, tested positive for Heptaminol and Enobosarm. After notification again a provisional suspension was ordered.

The Athlete filed a statement in her defence and she was heard for the Kenya Sports Disputes Tribunal.

The Athlete denied the intentional use of the substances and denied that she waived her right to test her B sample. She stated that she sufffered from asthmatic symptoms and chest pain and had used prescribed medication. She mentioned her medication on the Doping Control Form and provided medical information about the severe asthmatic attacks she had.

The Panel accepts that the violations were not intentional since the Athlete mentioned her medication on the Doping Control Form when tested in April and in June 2019.

Further the Panel establish that the Athlete was duly notified in May 2019 about her first anti-doping rule violation and that she was well aware that a provisional suspension was ordered. Nevertheless she participated in the Marathon in Rwanda in June 2019 where she again tested positive. As a result the Athlete committed a second anti-doping rule violation and she also failed to apply for a TUE.

Therefore the Sports Disputed Tribunal decides on 5 November 2020 to impose a 2 year period of ineligibility for the Athlete's First Anti-Doping Rule Violation and a 4 year period for her second anti-doping rule violation. The Tribunal deems that the Athlete has to serve the 2 and 4 year period of ineligibility consecutively.

Original document

Parameters

Legal Source
National Decisions
Date
5 November 2020
Arbitrator
Kimani, Mary N.
Kiplagat, Edmond Gichuru
Mola Owinyi, Allan
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
ADRV Notice
Circumstantial evidence
Multiple violations
No intention to enhance performance
Period of ineligibility
Provisional suspension
Second violation
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Africa Zone V Regional Anti-Doping Organization (RADO)
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Bloemfontein, South Africa: South African Doping Control Laboratory
Doping classes
S1. Anabolic Agents
S6. Stimulants
Substances
Enobosarm (ostarine)
Heptaminol
Medical terms
Asthma
Legitimate Medical Treatment
Document type
Pdf file
Date generated
2 November 2020
Date of last modification
28 November 2020
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