The Tribunal notes that the Respondent (Sumgong) after being informed of the AAF waived her right to sample B testing since she was of the opinion that both samples were from the same specimen.
"Further, the respondent did not contest the provisional suspension and has not been engaged in any activity related to athletics since the finding was communicated to her. However, these are not sufficient to qualify as 'prompt admission'," the Tribunal ruled in dismissing her application to have a shorter ban.
Under Article 10.6.3 of Anti-Doping Rules ratified by the World Anti-Doping Agency (WADA) Code, an athlete can be granted a reduction on the four-year sanction down to a minimum of two years.
This is based on Prompt Admission if the anti-doping body, upon approval of WADA depending on the seriousness of the violation and the athletes' or other people related to the violation degree of fault.
In convicting her of the doping offence, SDT agreed with ADAK's lawyer, Erick Omariba, that having been spared sanctions in 2017, Sumgong was well advised to avoid prohibited substance use.
Having finished second at the 2017 Boston Marathon, the Kenyan star was cleared in September of that year, on appeal by the IAAF as the local injection which she had received was permitted under the governing body's rules having tested positive banned substance prednisolone.
"He (Omariba) submitted in the light of this, the athlete was aware of the issues of anti-doping and the likely consequences. Further.... the athlete has taken part in a number of high profile races and accordingly, the ADRV (Anti-Doping Rules Violation) would injure the reputation of the country and the Athlete," SDT noted.
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