ADAK 2020 ADAK vs Henry Cheruiyot Kosgei
ADAK 2020 ADAK vs Henry Cheruiyot Kosgey
Related case:
ADAK 2019 ADAK vs Henry Kosgei
November 19, 2020
On 19 November 2019 the Kenya Sports Disputes Tribunal decided to impose a 4 year period of ineligibility on the Athlete Henry Kosgei for his evasion and refusal to submit to sample collection in December 2018. In first instance there were delays in the proceedings attributed to the Athlete because he acted evasive and was non responsive.
Hereafter in March 2020 the Anti-Doping Agency of Kenya (ADAK) reported a new anti-doping rule violation against the Athlete after his sample - provided on 7 December 2019 in Cameroon - tested positive for the prohibited substance Methylprednisolone. After notification a provisional suspension was ordered.
In addition ADAK reported another anti-doping rule violation against the Athlete. Through his participation in the competition on 7 December 2019 he had violated the imposed 4 year period of ineligibility.
Following several notifications and attempts to contact the Athlete ADAK determined that he was non responsive, nor did he attend the hearing of the Kenya Sports Disputes Tribunal.
In view of the evidence the Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. Furthermore the Panel concludes that the Athlete had breached the imposed ineligibility on 7 December 2019.
Without any response from the Athlete the Panel deems that in both cases he failed to demonstrate that the violation was not intentional. Consequently the Panel concludes that he has committed 3 anti-doping rule violations within a 10 year period.
Therefore the Kenya Sports Disputes Tribunal decides on 4 February 2021 to impose a lifetime period of ineligibility on the Athlete.
