The case involves an appeal by the International Association of Athletics Federations (IAAF) against a decision by the Sports Disputes Tribunal (SDT) of Kenya regarding Kenyan long-distance runner Benjamin Ngandu Ndegwa, who tested positive for metabolites of nandrolone, a prohibited anabolic steroid, during an in-competition doping control at the Mattoni Ceske Budejovice Half Marathon in the Czech Republic on June 6, 2015. The IAAF notified Ndegwa of the adverse analytical finding, and subsequent B-sample analysis confirmed the presence of the prohibited substances. Ndegwa claimed the positive test resulted from prescribed medication for medical conditions, including anemia and renal insufficiency, but the IAAF found his explanations inadequate, as none of the medications listed contained nandrolone.
Initially managed by Athletics Kenya (AK), jurisdiction was later transferred to the Anti-Doping Agency of Kenya (ADAK) and the SDT due to changes in Kenyan anti-doping regulations. The SDT ruled that Ndegwa committed an anti-doping violation and imposed a 20-month ineligibility period, starting from his provisional suspension date of July 6, 2015, and disqualified his results from the event. The IAAF appealed to the Court of Arbitration for Sport (CAS), arguing for a stricter four-year sanction and contesting the credit given for the provisional suspension, as Ndegwa had competed in events during this period.
The CAS panel, composed of arbitrators Jeffrey Benz, Lars Hilliger, and Blondel Thompson, examined the case under the 2015 IAAF Competition Rules. It found significant inconsistencies and evidence of falsification in Ndegwa’s medical documentation, including spelling errors, conflicting dates, and implausible health claims. The panel dismissed his argument that the substance entered his system through prescribed medication, as evidence showed this could not result in a nandrolone positive. The panel also rejected his claim of inadequate notification about the B-sample analysis, as correspondence confirmed he was informed of his rights and requested the analysis.
The CAS upheld the IAAF’s appeal, imposing a four-year ineligibility period starting from the date of the award (November 17, 2017) and disqualifying all competitive results obtained by Ndegwa from June 6, 2015, onward, including forfeiture of medals, points, and prizes. The panel emphasized that Ndegwa’s breach of his provisional suspension by competing in events forfeited any credit for the suspension period, reinforcing the strict liability principle in anti-doping regulations. The decision underscores the importance of maintaining integrity in competitive sports and the consequences of violating provisional suspensions. The panel deferred the determination of costs to a further award.
Ultimately, the CAS ruling highlighted the athlete’s failure to prove lack of intent or fault, the inadequacy of his medical evidence, and the necessity of strict adherence to anti-doping rules to ensure fairness in athletics. The case serves as a reminder of the rigorous scrutiny applied to doping allegations and the severe penalties for violations.