World Athletics 2021 WA vs Titus Ekiru

In June 2021 and February 2022 the Athletics Integrity Unit (AIU) reported two separate anti-doping rule violations against the Kenyan Athlete Titus Ekiru for the presence of prohibited substances.

The Athlete's Sample 1, provided in May 2021 in Italy, tested positive for the prohibited substance Triamcinolone acetonide. Thereupon his Sample 2, provided in November 2021 in the United Arab Emirates, tested positive for the substance Pethidine.

Regarding Sample 1 the Athlete explained in June 2021 with medical documents that he underwent medical treatment for his injury in a hospital in Kenya. His doctor corroborated in a written statement in November 2021 that Triamcinolone acetonide had been injected.

In the matter of Sample 2 the Athlete explained in February 2022 with medical documents that he had used prescribed medication for his injury. However this time the AIU established that these medical documents were falsifications.

Consequently the AIU revisited its findings regarding Sample 1 and reported in February 2022 an new anti-doping rule violation against the Athlete for tampering.

In both cases the AIU had requested assistance from the Anti-Doping Agency of Kenya (ADAK) with an investigation into the Athlete's explanations and supporting medical documents.

ADAK's investigations revealed that in both cases the Athlete had provided false statements and forged/fraudulent documents. Moreover the first hospital in question had no Triamcinolone acetonide in stock and in the second hospital no Pethidine had been dispensed at the material time.

Eventually in July 2023 the Athlete was charged for the presence of prohibited substances in both samples. Also the Athlete was charged for tampering by obstructing or delaying an AIU investigation and for providing false/misleading information and documentation regarding Sample 1 and Sample 2.

At first the Athlete contested the charges, however in September 2023 he requested termination of the disciplinary proceedings before the Disciplinary Tribunal. Thereupon the AIU deems that the Athlete has admitted the violations, waived his right for a hearing and accepted the consequences.

In the case of Sample 1 the AIU considers that the presence and tampering violation shall be treated together as one single violation for the imposition of sanction of 4 years. Because of aggravating circumstances in this case the period of ineligibility is increased to a total of 6 years.

The tampering violation regarding Sample 2 is considered a stand-alone-first violation and the 4 year period of ineligibility shall be served consequtively to the period imposed for the underlying violation.

Therefore the AIU decides on 16 October 2023 to impose a total of 10 years on the Athlete, starting on the date of the provisional suspension, i.e. on 28 June 2022.

Original document

Parameters

Legal Source
Decisions International Federations
Date
16 October 2023
Original Source
World Athletics (WA)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Tampering / attempted tampering
Legal Terms
Acceptance of sanction
Admission
Aggravating circumstances
Circumstantial evidence
Multiple violations
Period of ineligibility
Second violation
Waiver of "right to be heard"
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Athletics Integrity Unit (AIU)
Doping classes
S7. Narcotics
S9. Glucocorticosteroids
Substances
Pethidine
Triamcinolone acetonide
Various
Anti-Doping investigation
Falsification / fraud
Lying / false statement
Document type
Pdf file
Date generated
24 October 2023
Date of last modification
30 October 2023
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