World Athletics 2023 WA vs Rodgers Kwemoi

In April 2023 an Expert Panel of the Athletics Integrity Unit (AIU) concluded unanimously in their Joint Expert Opinion that the hematological profile of the Kenyan Athlete Rodgers Kwemoi “highly likely” showed that he had used a prohibited substance or a prohibited method: the use of EPO or Blood doping. 

This conclusion of the AIU Expert Panel was based on assessment of blood samples, collected in the period from 18 July 2016 until 1 February 2023 reported in the Athlete’s Biological Passport (ABP). 

Following notification the Athlete submitted an explanation for the abnormal values in his ABP. However after consideration the Expert Panel rejected the Athlete’s explanation in their 2nd Joint Expert Opinion in August 2023.

Consequently in August 2023 the AIU, on behalf of World Athletics, reported an anti-doping rule violation against the Athlete. A provisional suspension was ordered and he was heard for the World Athletics Disciplinary Tribunal. 

The Athlete denied he acted intentionally and he disputed the reliability of the ABP evidence. He asserted that the abnormalities in his ABP could be explained by his regular training at high altitude.

The AIU deems that the abnomalies in the Athlete's ABP were caused by a prohibited substance or a prohibited method and that he failed to demonstrate that the violation was not intentional. Furthermore the AIU contended that the Athlete provided inconsistent evidence in his defence.

The Panel assessed and addressed the Parties' evidence and determines that:

  • The ABP is a reliable means that may assist in establishing an anti-doping rule violation;
  • The Athlete had used a prohibited substance or a prohibited method between July 2016 and February 2023;
  • He committed an anti-doping rule violation;
  • He was involved in a deliberate, systematic and sophisticated doping regime;
  • The are significant aggravating circumstances present in this case;
  • The Athlete's results shall be disqualified from July 2016 until the provisional suspension.

Therefore the Panel decides on 24 April 2024 to impose a 6 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 August 2023.

Original document

Parameters

Legal Source
Decisions International Federations
Date
24 April 2024
Arbitrator
Bordiugova, Anna
Goswami, Parth
Sharpe, David
Original Source
World Athletics (WA)
Country
Kenya
Language
English
ADRV
Use / attempted use
Legal Terms
Aggravating circumstances
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Intent
Period of ineligibility
Rules & regulations International Sports Federations
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Athletics Integrity Unit (AIU)
Analytical aspects
Reliability of the testing method / testing result
Doping classes
M1. Manipulation Of Blood And Blood Components
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Medical terms
Blood doping
Various
Athlete Biological Passport (ABP)
High altitude training
Document type
Pdf file
Date generated
22 May 2024
Date of last modification
15 July 2024
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  • Legal Terms
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  • Doping classes
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  • Various
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