CAS 2019_A_6597 IAAF vs Jacob Kibet Chulyo Kendagor

CAS 2019/A/6597 International Association of Athletics Federations (IAAF) v Jacob Kibet Chulyo Kendagor

Related case:

IAAF 2019 IAAF vs Jacob Kibet Chulyo Kendagor
October 22, 2019

In July 2019 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Kenyan Athlete Jacob Kibet Chulyo Kendagor for evading and refusing to submit to sample collection after notification during an out-of-competition doping control on 21 November 2018.

However in first instance the AIU Disciplinary Tribunal was not satisfied to the level of comfortable satisfaction that the individual seen by the DCO and BCO was the Athlete and decided on 22 October 2019 to dismiss the charge against the Athlete.

Hereafter in November 2019 the Athletics Integrity Unit (AIU) of the IAAF (now known as World Athletics) appealed the decision with the Court of Arbitration for Sport (CAS). The AIU requested the Panel to set aside the decision of 22 October 2019 and to impose a 4 year period of ineligibility on the Athlete.

The Athlete disputed to have committed an anti-doping rule violation by relying on affidavits and by submitting that the way in which the investigation by the DCO and BCO was conducted and executed, was flawed and that there was a lack of due diligence on their behalf. The Athlete argued that this case was about mistaken identity and he alleged that he was not notified on 21 November 2018 by the DCO and BCO and that, accordingly, no anti-doping rule violation can be established.

The AIU contended that the charges of the anti-doping rule violations have been sufficiently proven since the DCO and BCO made a valid identification on 21 November 2018 and properly notified the Athlete. Further the AIU asserted that the testimonies of the Athlete and his witnesses were inconsistent and not convincing.

Considering the evidence in this case the Panel finds that the IAAF established to its comfortable satisfaction, beyond a mere balance of probability standard, that the DCO and BCO had interviewed and notified the Athlete on 21 November 2018 and that the Athlete has committed an Anti-Doping Rule Violation pursuant to Article 2.3 ADR by intentionally misleading the DCO and BCO about his identity and failing or refusing to submit to sample collection.

The Panel holds that the defence raised by the Athlete and the affidavits he relied on were inconsistent and did not corroborate the position of the Athlete. Whereas the Athlete did not attend the hearing, the Panel regards that it did not have the benefit of examining and questioning him further.

Likewise, the inconsistencies and other questions raised in regard to the affidavits could not be addressed by the parties or by the Panel at the hearing, as these witnesses have not been made available by the Athlete notwithstanding the Panel’s request.

Therefore the Court of Arbitration for Sport decides on 19 January 2021:

1. The appeal filed by the International Association of Athletics Federations on 21 November 2019 against the decision rendered by the IAAF Disciplinary Tribunal on 22 October 2019 is upheld.
2. The decision rendered by IAAF Disciplinary Tribunal on 22 October 2019 is set aside.
3. Mr Jacob Kibet Chulyo Kendagor is sanctioned with a period of ineligibility of four years with effect from the date of this Award but the period between 5 July 2019 and 22 October 2019 shall be credited against the period of ineligibility.
4. All competitive results obtained by Mr Jacob Kibet Chulyo Kendagor between 21 November 2018 and 22 October 2019 shall be disqualified, with all of the consequences including forfeiture of any medals, points and prizes.
5. Mr. Jacob Kibet Chulyo Kendagor shall pay to the IAAF a contribution in the amount of CHF 1,000 (one thousand Swiss Francs) toward its legal fees and expenses incurred in connection with the present proceedings.
6. All other and further motions or prayers for relief are dismissed.