Related case:
ADAK 2022 ADAK vs Agatha Jeruto Kimaswai
March 2, 2023
On 2 March 2023 the Kenya Sports Disputes Tribunal decided to impose a 2 year period of inelgibility on the Athlete Agatha Jeruto Kimaswai after she tested positive for the prohibited substance Clomifene.
In first instance the Tribunal deemed that the Athlete demonstrated the source of the prohibited substance and that the violation was not intentional although she acted negligently.
Hereafter in March 2023 the World Anti-Doping Agency (WADA) appealed this Decision with the Appeal Tribunal. WADA requested the Panel to set aside the Appealed Decision and to impose a more severe sanction on the Athlete.
WADA contended that in first instance the Panel was unaware that the Athlete previously was sanctioned for 4 years in 2015 and accordingly that she had committed a second anti-doping rule violation. Furthermore WADA argued that there were no grounds for No Significant Fault or Negligence.
The Athlete denied that in 2015 she had committed multiple violations, nor had ADAK mentioned her first violation. Moreover the present violation was not intentional and there are no grounds in this Appeal for a more sever sanction.
The Appeal Panel determines that WADA's evidence was admissible and showed that prior the Athlete had committed a first anti-doping rule violation. The Panel finds that the second violation was committed within the period of 10 years and that there are grounds for a more severe sanction.
Therefore the Appeal Tribunal decides on 23 November 2023 to set aside the Appealed Decision and to impose a 6 year period of inelgibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 March 2022.
