CAS 2017_A_5175 IAAF vs ADAK, Athletics Kenya & Benjamin Ngandu Ndegwa - Final Award
CAS 2017_A_5175 IAAF vs ADAK, Athletics Kenya & Benjamin Ngandu Ndegwa - Partial Award
November 17, 2017
In July 2015 the International Association of Athletics Federations (IAAF) has reported an anti-doping rule violation against the Kenyan Athlete Benjamin Ngandu Ndegwa after his A and B samples tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).
On 13 April 2017 the Kenyan Sports Disputes Tribunal decided to impose a reduced 20 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 July 2015.
Hereafter in June 2017 the IAAF appealed the Kenyan decision of 13 April 2013 with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to set aside the Appealed Decision and to impose a 4 year period of ineligibility on the Athlete.
The Athlete denied the intentional use of the substance and requested for a reduced sanction. He explained with evidence that he underwent medical treatment in a hospital in Kenya for his chronic conditions and had received prescribed medication including Sustanon containing Testosterone.
The IAAF contended that the Athlete failed to demonstrate that the violation was not intentional, nor how the substance had entered his system. The IAAF had established that the Athlete had not received medical treatment in the hospital in Kenya, whereas the medical documents he had produced were falsifications.
Furthermore the alleged use of Sustanon containing Testosterone could not explain the presence of Nandrolone in his samples. Also the IAAF had determinded that the Athlete repeatedly had breached the accepted provisional suspension between february 2016 and February 2017.
In view of the evidence the Panel finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation. Further the Panel determines that some medical records of a physician and hospital in Kenya appeared to have been falsified.
The Panel is comfortably satisfied that the IAAF had met its burden of proof in establishing and anti-doping rule violation and that the Athlete failed to demonstrate lack of intention or provided any defence. Finally the Panel considers that, despite the accepted provisional suspension, the Athlete had participated in at least nine high level events.
Therefore the Court of Arbitration for Sport decides on 17 November 2017 that:
1.) The appeal filed by the International Association of Athletics Federations on 2 June 2017 is upheld.
2.) The Decision rendered by the Sports Dispute Tribunal of the Republic of Kenya on 13 April 2017 is set aside.
3.) Mr. Benjamin Ngandu Ndegwa is sanctioned with a four-year period of ineligibility starting on the date of the Partial Award.
4.) All competitive results obtained by Mr. Benjamin Ngandu Ndegwa from and including 6 June 2015 to the date of the Partial Award are disqualified with all resulting consequences, including forfeiture of any medals, points and prizes.
5.) The costs of the arbitration and the Parties’ legal and other costs incurred in connection with the present proceedings shall be determined in a further Award.