ADAK 2021 ADAK vs Henry Kiprotich Sang

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.

Original document

Parameters

Legal Source
National Decisions
Date
15 July 2021
Arbitrator
Mola Owinyi, Allan
Onyango, Njeri
Ouko, Gabriel
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Tampering / attempted tampering
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Competence / Jurisdiction
Criminal case / judicial inquiry
Intent
Principle of lis pendens
Res judicata
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Beijing, China: National Anti-Doping Laboratory China Anti-Doping Agency
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
Medical terms
Treatment / self-medication
Various
Falsification / fraud
Document type
Pdf file
Date generated
28 September 2021
Date of last modification
2 December 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin