ADAK 2023 ADAK vs Joan Jeruto

In November 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Joan Jeruto for her multiple evasion, refusal or failure to submit to sample collection in August 2023.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and the case was referred to the Kenya Sports Disputes Tribunal.

The Doping Control Officers in this case testified that the Athlete ran away from the training camp after she had been notified about the sample collection. The same day the DCOs and two coaches went the the Athlete's house.

At the house the Athlete failed to respond although there were signs that she was present. Ultimately late in the afternoon she opened the door.

Thereupon the Athlete was duly notified and identified by the DCOs.  When asked she gave evasive answers about her conduct that day.

At first it seemed that the Athlete was willing to submit to sample collection. Yet, after having a long phone call outside her house in sight of a DCO the Athlete locked the door and ran away from the house and disappeared. 

ADAK contended that there was sufficient evidence that the Athlete deliberately had avoided doping control without any compelling justification for her conduct after notification by the DCOs.

In her defence the Athlete acknowledged the notification and contradicted the testimonies of the DCOs. As a police officer she claimed that she had received threatening messages and the reason why she did not open the door and disappeared because the DCOs failed to identify themselves.

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

  • The Athlete was properly identified and notified on both occasion by the DCOs in the presence of her coaches.
  • The Athlete intentionally refused and evaded sample collection and accordingly committed an anti-doping rule violation.
  • There are no grounds for a reduced sanction.

Therefore the Panel decides on 25 July 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 22 November 2023.

Original document

Parameters

Legal Source
National Decisions
Date
25 July 2024
Arbitrator
Mola Owinyi, Allan
Ochieng, Peter
Onyango, Njeri
Original Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Evasion
Refusal or failure to submit to sample collection
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Case law / jurisprudence
Circumstantial evidence
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Sport/IFs
Athletics (WA) - World Athletics
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Anti-Doping Agency of Kenya (ADAK)
Various
Doping control
Lying / false statement
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Date generated
11 September 2024
Date of last modification
1 November 2024
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