Athlete Stephen Kipchirchir Kiplagat four-year ban upheld by Sports Disputes Tribunal
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Reading Time: 2min | Mon. 13.05.24. | 16:41
The athlete had argued that he had taken medicine to aid in erectyle dysfunction and hence did not dope intentionally
The Sports Disputes Tribunal (SDT) has reinforced the four-year ban imposed on athlete Stephen Kipchirchir Kiplagat by the Anti-Doping Agency of Kenya (ADAK). The decision follows a thorough examination of the case, with the SDT upholding ADAK's decision to ban the athlete after an appeal.
The case, which dates back to December 18, 2022, saw an ADAK Doping Control Officer (DCO) collecting a Urine Sample from Kiplagat. Subsequently, the sample was split into two separate bottles, labeled as the "A Sample" and "B Sample," and sent for analysis at the Qatar Doping Control Laboratory.
Analysis of the A Sample revealed the presence of a prohibited substance - S1.1 Anabolic Androgenic Steroids (AAS)/ Pregnanediol, Androsterone, and Etiocholanolone, categorized as an Anabolic Agent under WADA's 2023 Prohibited List.
Despite being notified of the adverse findings by ADAK Chief Executive Officer, Sarah I. Shibutse, through a Notice of Charge and mandatory Provisional Suspension on March 29, 2023, Kiplagat failed to respond within the stipulated timeline of April 18, 2023. Additionally, he opted not to request a Sample B analysis, thereby waiving his right under WADA rule 37.5.
The subsequent evaluation by ADAK deemed Kiplagat's actions as constituting an Anti-Doping Rule Violation, leading to the matter being referred to the Sports Disputes Tribunal.
During the proceedings, Kiplagat's defense presented an intriguing angle. His legal counsel argued that the athlete never intended to cheat in his athletic pursuits, attributing the presence of the banned substance to a series of unfortunate circumstances. Kiplagat disclosed his struggle with erectile dysfunction and claimed to have sought traditional herbal remedies administered by his grandmother. Moreover, he recounted a visit to a pharmacy in Nairobi for treatment, a location he could no longer recall due to the loss of his phone under unfortunate circumstances and the subsequent passing of his brother, who could have provided assistance.
Despite Kiplagat's plea for leniency and his assertion of unintentional doping, the SDT ordered a four-year period of ineligibility, effective from the date of mandatory Provisional Suspension, April 18, 2023, to April 17, 2027. Additionally, the SDT ordered the disqualification of any and/or all of the athlete’s competitive results from December 18, 2022.
"The athlete must demonstrate that the substance was not intended to enhance the athlete’s performance," emphasized the SDT, highlighting the burden of proof on Kiplagat to establish the unintentional nature of the violation.
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