Related cases:
- ADAK 2018 ADAK vs Henry Kiprotich Sang
October 11, 2018 - Kenya Magistrate's Court 2019 Republic vs Henry Kiprotich Sang
March 20, 2024
On 11 October 2018 the Panel of the Kenya Sports Disputes Tribunal decided to impose a 2 year period of ineligibility on the Athlete Henry Kiprotich Sang after he tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
The Athlete explained with medical information that he underwent treatment in the Kericho County Referral Hospitalfor for his injury and had failed to mention to his doctor that he was an Athlete.
Hereafter the Anti-Doping Agency of Kenya (ADAK) established that the medical information provided by the Athlete was forged. The Kericho County Referral Hospital confirmed that the Athlete had not been in the hospital for medical treatment in October 2017.
Consequently in October 2018 ADAK reported an anti-doping rule violation against the Athlete for Tampering with any part of the Doping Control. After notification a provisional suspension was ordered and the Athlete filed a statement in his defence.
The Athlete invoked the principles of res judicata and lis pendens and failed to explain the falsification of medical documents. He asserted that in the previous case the matter was already settled whereas ADAK also had filed a similar case with the Kenya Court in Kericho.
The Panel of the Kenya Sports Disputes Tribunal assessed and address the evidence and the issues raised by the Parties and determines that:
- The principle of res judicata is not applicable in this case since the matter of Tampering was not raised in the previous case in 2018.
- Neither is the principle of lis pendens applicable since the Tribunal has jurisdiction to settle anti-doping rule violations.
- The Kenya Court in Kericho has jurisdiction to settle the Athlete's criminal conduct regarding the falsification of documents.
- The Athlete intentionally had produced fraudulent medical records and accordingly committed an anti-doping rule violation for Tampering with any part of the Doping Control.
- He failed to contest the facts of the anti-doping rule violation, neither was demonstrated that the violation was not intentional.
Therefore the Kenya Sports Disputes Tribunal decides on 15 July 2021 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 22 October 2020.
