IAAF successful in CAS appeal against the Anti-Doping Agency of Kenya, Athletics Kenya & Benjamin Ngandu Ndegwa
30 November 2017
The Athletics Integrity Unit (AIU) welcomes the recent decision of the Court of Arbitration for Sport (CAS) in the case of the IAAF vs. the Anti-Doping Agency of Kenya (ADAK), Athletics Kenya (AK) and Mr. Benjamin Ngandu Ndegwa (the Athlete).
Mr. Ngandu Ndegwa tested positive for the prohibited substance norandrosterone (anabolic steroid) on 6 June 2015 at an IAAF-sanctioned Half-Marathon in Czech Republic. The athlete was subsequently charged and provisionally suspended by the IAAF.
In accordance with IAAF Rules, the case was referred to Athletics Kenya for adjudication. The case was transferred in turn to ADAK and, by extension, to the Sports Disputes Tribunal of Kenya.
A hearing was held on 24 January 2017 and on 13 April 2017, the Sports Disputes Tribunal of Kenya decided that the athlete had committed a doping offence but imposed a reduced 20-month sanction, starting retroactively from the date of the Athlete’s provisional suspension on 6 July 2015.
The IAAF appealed this decision to CAS because it considered that there were no valid grounds for a reduced sanction under IAAF Rules and that, accordingly, a full 4-year sanction should have been imposed. In addition, the IAAF was later informed that the athlete had competed during his provisional suspension. The IAAF further requested that the 4-year sanction starts on the date of the CAS Panel decision and not, retroactively on the date of his provisional suspension on 6 July 2015.
The AIU is pleased to note that the IAAF’s appeal was fully upheld by CAS. The decision of the Sports Disputes Tribunal of Kenya was set aside and a full 4-year sanction starting on 17 November 2017 was confirmed, meaning that the athlete will be suspended until November 2021. Finally, all his results achieved as from the date of his positive test on 6 June 2015 were disqualified.
The full CAS award will be published on the AIU website shortly.