In January 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Benard Cheruiyot Chepkwony after his sample tested positive for the prohibited substance Triamcinolone acetonide.
Following notification a provisional suspension was ordered. Thereupon in June 2023 the Athlete was heard for the Kenya Sports Disputes Tribunal.
The Athlete explained that he suffered from a condition and that he attended a chemist where he had received an injection. Further he alleged that he could not read and that his phone malfunctioned in receiving e-mails.
He asserted that he was not timely notified about the positive test, nor informed about the analysis of his B sample. However he acknowledged that he had received the Notice of Charge in January 2023. Prior he had received some anti-doping education
The Panel determines that in January 2023 the Athlete had been duly notified by ADAK about his positive test and thus informed about his right to request analysis of his B sample. Despite the Athlete's allegations the Panel concludes that there had been no departures of the ISTI, the WADC or the ADAK ADR.
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.
The Panel deems that there was insufficient evidence to conclude that the Athlete's violation was not intentional. Yet, the Panel considers that there are no grounds for No Significant Fault or Negligence.
Therefore the Panel decides on 7 September 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 February 2023.
