Related case:
ADAK 2018 ADAK vs Henry Kiprotich Sang
October 11, 2018
On 11 October 2018 the Panel of the Kenya Sports Disputes Tribunal decided to impose a 2 year period of ineligibility on the Athlete Henry Kiprotich Sang after he tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
The Athlete explained with medical information that he underwent treatment in a hospital for his injury and failed to mention to his doctor that he was an Athlete.
Hereafter the Anti-Doping Agency of Kenya (ADAK) established that the medical information provided by the Athlete was forged whereas the Kericho County Referral Hospital confirmed that the Athlete had not been in the hospital for medical treatment in October 2017.
Consequently in October 2018 ADAK reported an anti-doping rule violation against the Athlete for Tampering with any part of the Doping Control. After notification a provisional suspension was ordered and the Athlete filed a statement in his defence.
The Athlete invoked the principles of res judicata and lis pendens as he asserted that in the previous case the matter was already settled while ADAK also had filed a similar case with the Kenya Court in Kericho. The Athlete failed to explain the falsification of medical documents.
The Panel of the Kenya Sports Disputes Tribunal finds that the principle of res judicata is not applicable in this case since the matter of Tampering was not raised in the previous case in 2018. Nor is the principle of lis pendens applicable since the Tribunal has jurisdiction to settle anti-doping rule violations. Yet the Kenya Court in Kericho has jurisdiction to settle the Athlete's crime regarding the falsification of documents.
Considering the evidence in this case the Panel concludes that the Athlete intentionally had produced fraudulent medical records and accordingly committed an anti-doping rule violation for Tampering with any part of the Doping Control. The Panel deems that the Athlete failed to contest the facts of the anti-doping rule violation, neither was demonstrated that the violation was not intentional.
Therefore the Kenya Sports Disputes Tribunal decides on 15 July 2021 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 22 October 2020.