A decision in the case of World Athletics (WA) against Rodgers Kwemoi has been issued by the Disciplinary Tribunal.
On 8 August 2023, Mr Kwemoi, a Kenyan long-distance runner, received a Notice of Charge from the Athletics Integrity Unit (AIU) for committing an Anti-Doping Rule Violation (ADVR) of USE in connection with abnormalities during the span of seven (7) years in the haematological module of his Athlete Biological Passport (ABP).
The Disciplinary Tribunal, comprised of Dr David Sharpe KC, Dr Anna Bordiugova and Parth Goswami, was appointed to hear this matter.
The Athlete asserted that the evidence presented by the AIU was insufficient to comfortably satisfy the Panel that he had committed an ADRV. He alleged that the use of the ABP to prove a charge of blood doping was unreliable and that the evidence did not exclude other alternative explanatory factors.
The Tribunal stated that the ABP as a reliable means of proof has been considered in previous Court of Arbitration for Sport (CAS) matters and determined that the ABP was a reliable source that may assist in establishing an ADRV, when supported by Expert Reports. The Tribunal concluded that, considering the Expert Reports as well as the ABP, it was comfortably satisfied that the Athlete had used a Prohibited Substance or Method throughout the dates of the Samples.
The Disciplinary Tribunal thereby determined that an ADRV had been established pursuant to Rule 2.2 of the World Athletics Anti-Doping Rules. A period of Ineligibility of six (6) years was imposed given that the Tribunal considered that the use of blood manipulation over a prolonged period by the Athlete was established and that there were Aggravating Circumstances as there were multiple instances of blood doping in the lead-up to the most important Athletics competitions. The Tribunal considered that the Athlete engaged in deliberate, systemic and sophisticated doping which would not have been possible without deliberate intent and the assistance of experts. The period of Ineligibility commenced on the date of the decision, 24 April 2024, but credit was given for the period Mr Kwemoi was provisionally suspended, therefore running from 8 August 2023. Further, all of Mr Kwemoi’s results from 18 July 2016 should be disqualified. The decision is subject to appeal to the CAS.
Sport Resolutions is the independent secretariat to the World Athletics Disciplinary and Appeals Tribunal.
A copy of the full decision can be accessed via the related links tab on the right-hand side.
