Related case:
ADAK 2021 ADAK vs Samuel Lomoi
January 6, 2023
On 6 January 2023 the Kenya Sports Disputes Tribunal ruled that the Athlete Samuel Lomoi had committed an anti-doping rule violation after he tested positive for the prohibited substance Triamcinolone acetonide.
Accordingly the Panel decided in first instance to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 12 September 2021.
Hereafter in June 2023 the Anti-Doping Agency of Kenya (ADAK) appealed the decision of the Tribunal with the Anti-Doping Appeal Panel. ADAK requested the Appeal Panel to modify the Appealed Decision regarding the commencement of the Athlete's period of ineligibility.
Following investigations ADAK had recently established that the Athlete during the provisional suspension and during the current sanction had participated in 3 competitions. ADAK contended that pending the findings of their investigations into the Athlete's conduct it had been unable to timely file and appeal within the set deadline of 21 days.
ADAK acknowledged that the appeal was filed 123 days after the Tribunal had rendered its decision. ADAK denied that the delay in filing the appeal was not due to carelessness, yet merely caused by the time to conduct a proper investigation into the Athlete.
The Athlete argued that ADAK under the Rules had failed to file an appeal timely within the set time period and accordingly its appeal must be deemed inadmissible.
The Appeal Panel considered ADAK's contentions and concludes that the appeal was filed too late without sufficient grounds for admitting an appeal out of time. By contrast the Appeal Panel determines that when new evidence has surfaced a party is allowed to file an application for review.
Nevertheless the Appeal Panel decides on 28 November 2023 that ADAK's appeal is dismissed because it was filed too late.
