ADAK 2019 ADAK vs Henry Kosgei

Related case:

ADAK 2020 ADAK vs Henry Cheruiyot Kosgei
February 4, 2021

In January 2019 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Athlete Henry Kosgei for his evasion and refusal to submit to sample collection. After notification a provisional suspension was ordered and the Athlete filed a submission in his defence.

In this case there were delays in the proceedings attributed to the Athlete because he acted evasive, his council was forced to resign and he repeatedly failed to attend the hearing of the Kenya Sports Disputes Tribunal. The case was settled by the Tribunal based on written submissions of the parties.

The Kenya Doping Control Officers (DCOs) testified that on 16 December 2018 during a marathon the Athlete refused to provide a sample after notification en hereafter left the venue.

In his submission the Athlete denied the charges and alleged that after notification by the DCO he had permission to change his clothes and that immediately hereafter he was arrested by the police and kept in custody for several hours.

Based on the evidence the Tribunal established that the Athlete had committed an anti-doping rule violation while he also acknowleded in his submission that he indeed was notified and had left the venue without providing a sample. The Tribunal did not accept his explanation that he been in police custody since he failed to produce any evidence in this matter.

Therefore the Kenya Sports Disputes Tribunal decides on 19 November 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension.

Original document

Parameters

Legal Source
National Decisions
Date
19 November 2020
Arbitrator
Kimani, Mary N.
Kiplagat, Edmond Gichuru
Sifuna-Shiveka, Elynah
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Evasion
Refusal or failure to submit to sample collection
Legal Terms
Admission
Burdens and standards of proof
Case law / jurisprudence
Notification / identification
Substantial delay / lapsed time limit
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Various
Lack of cooperation / obstruction
Document type
Pdf file
Date generated
11 January 2021
Date of last modification
12 January 2023
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  • Various
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