On 8 March 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 2 year period of ineligibility on the taekwondo Athlete Kashish Malik after he tested positive for the prohibited substance Furosemide.

Hereafter the Athlete appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADDPI). The Athlete requested the Appeal Panel to set aside the Appealed Decision and for a reduced sanction.

The Athlete asserted that in first instance the ADDPI had not considered evidence demonstrating that she had a medical prescription as treatment for her diagnosed infection. By contrast the India National Anti-Doping Agency (INADA) contended that the Athlete had failed to apply for a TUE, nor mentioned her medication on the Doping Control Form.

The Appeal Panel determines that the Athlete, as an experienced professional, failed to produce evidence of purchase of her medication, including the prescribed medication Lasix. Further she failed to check her medication and neither informed her sports doctor about her condition and prescribed medication.

The Appeal Panel concludes that the Athlete had committed an anti-doping rule violation and deems that she failed to demonstrate that there are grounds for No Significant Fault or Negligence.

Therefore the ADDPI Panel decides on 21 November 2023 to uphold the Appealed Decision and the imposed 2 year period of ineligibility, starting on the date of the ADDPI Decision.

In August 2023 the Anti-Doping Agency of Kenya (ADAK) reported and anti-doping rule violation against the Athlete Betty Chelangat after her sample tested positive for the prohibited substance Methasterone.

Following notification the Athlete timely admitted the violation, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by ADAK.

ADAK deems that the Athlete's violation was intentional and determines that she shall receive a 1 year reduction for her timely admission of the anti-doping rule violation.

Therefore ADAK decides on 14 December 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 September 2023.

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.

In April 2023 the Anti-Doping Agency of Kenya (ADAK) reported and anti-doping rule violation against the Athlete John Kariuki Gikonyo after his sample tested positive for the prohibited substanceTrimetazidine.

Following notification the Athlete timely admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by ADAK.

ADAK deems that the Athlete's violation was intentional and determines that he shall receive a 1 year reduction for his timely admission of the anti-doping rule violation.

Therefore ADAK decides on 23 November 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 May 2023.

In December 2022 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the bodybuilder Rashid Issa for his Evasion, Refusal or failure to submit to sample collection at a bodybuilding championship in October 2022.

Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence. The Athlete did not attend the hearing and the Kenya Sports Disputes Tribunal settled the case based on the written submissions of the Parties.

The Athlete admitted the violation and denied that he intentionally had evaded doping control. He asserted that he indeed had cooperated with the sample collection.

The Athlete tesitified that at the Doping Control Station he all night had attempted to produce a sample although he had ingested a dozen bottles of water. Feeling unwell the Doping Control Officers (DCO) declined his request for a meal.

Hungry and tired after 24 hours without food he ultimately received permission to go to his apartment accompanied by a DCO. In a bad condition he hurried to his apartment to get something to eat and thereupon discovered that he had lost contact with the DCO.

The Panel considered the evidence in this case and accepts that the Athlete's violation was not intentional and that there are grounds for a reduced sanction.

Therefore the Panel decides on 21 September 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 4 January 2023.

In July 2022 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Michael Saruni for his evasion and failure to submit to sample collection during the Athletics Kenya 2022 World Champion Trials.

Following notification a provisional suspension was ordered. After delays the Athlete filed a statement in his defence and he was heard for the Kenya Sports Disputes Tribunal.

The Doping Control Officers at the competition testified that after notification the Athlete went with the chaperone to the Doping Control Station. Because of a heavy cough the Athlete ran into the men's toilet near the Doping Control Station followed by the chaperone.

The DCOs reported that at the men's toilets the Athlete attempted to change places with another person impersonating the Athlete and wearing his outfit. After the DCO's had discovered the impersonation and the Athlete was found he thereupon run away and disappeared.

By contrast the Athlete confirmed that he had participated into the competition, yet denied that he was selected for doping control, nor that he had evaded sample collection. He alleged that this was a clear case of mistaken identity and that he only later heard that his friend was arrested for impersonation.

The Panel assessed and addressed the evidence regarding the Athlete's evasion and determines that:

• The Athlete was properly identified and notified at the competition that he was selected for sample collection.
• The Athlete intentionally evaded sample collection and accordingly committed an anti-doping rule violation.
• There are no grounds for the imposition of a reduced sanction.

Therefore the Panel decides on 31 August 2023 to impose a 4 year period of ineligibility on the Athlete.

In July 2023 the International Tennis Federation (ITF) reported an anti-doping rule violation against the American tennis player Jenson Brooksby for his whereabouts filing failures and missed tests within a 12 month period.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the ITF Independent Tribunal.

The Athlete did not dispute the first and third missed test on 19 April 2022 and 4 February 2023, yet he challenged the charge of a missed test on 4 June 2022. He admitted that he had delegated the responsibility for his anti-doping obligations to his agent and he had never attended anti-doping seminars.

The Athlete explained that he was present in the hotel, yet his hotelroom and the hotelroom of his physiotherapist had been booked under the name of his physiotherapist. He acknowledged that when he checked in his name was not put on the reservation and he did not hear to his cell phone ring because he had set it to silent.

The Athlete asserted that the Doping Control Officer (DCO) did not do what was reasonable in the circumstances to collect a sample from him. By contrast the ITF argued that the DCO was unable to locate the Athlete in the hotel because his room was registered in the name of his physiotherapist and he did nothing to address that risk.

In view of the evidence the Panel accepts that the Athlete was present in the hotel, yet failed in his duty to be available and accessible. Further the Panel determines that the DCO took all reasonable steps in the circumstances to locate the Athlete at the hotel.

The Panel deems that the Athlete had acted with a degree of negligence because he had failed to update his roomnumber in his whereabouts information because it was registered under the name of his physiotherapist. He also failed to answer the telephone call of the DCO because he had left the phone in silent mode.

Therefore the ITF Independent Tribunal decides on 24 October 2023 to impose an 18 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 5 July 2023.

In February 2023 the International Tennis Federation (ITF) reported an anti-doping rule violation against the Italian tennis player Stefano Battaglino after his A and B samples tested positive for the prohibited substance Clostebol in a low concentration.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the ITF Independent Tribunal.

The Athlete denied the intentional use of the substance and requested for a reduced sanction. He stated that during the match in Morocco he had a medical time-out and that the cream or lotion used by the tournament physiotherapist was the source of the positive test.

The Athlete argued that 21 days earlier he was tested without issues whereas he used to check thoroughly his medications and supplements for prohibited substances. Furthermore his attempts to contact the physiotherapist were unsuccesful.

The ITF contended that the Athlete failed to produce any corroborating evidence regarding the source of the positive test. No Clostebol creams are available in Morocco and the ITF deemed it highly unlikely that the tournament physiotherapist would use a product containing a prohibited substance at an ITF tennis tournament.

The Panel concludes that the Athlete has not, on a balance of probabilities, rebutted the presumption of intentionality. He failed to demonstrate with corroborating evidence how the prohibited substance had entered his system.

The Panel acknowledges that the tournament physiotherapist lack to respond substantially increased the difficulty for the Athlete to prove the source of the prohibited substance.

Therefore the ITF Independent Tribunal decides on 30 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 February 2023.

In December 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Maurine Chepkemoi after her sample tested positive for the prohibited substance Erythropoietin (EPO).

Following notification the Athlete timely admitted the violation, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

Because she had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 21 December 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 4 December 2023.

In November 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Thomas Kibet Kutere after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

Following notification the Athlete timely admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU. He stated that he had used painkillers for his injury and that he was unaware that they contained a prohibited substance.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 19 December 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 3 November 2023.