Athletes lose bid to stop doping ban, court sends case to tribunal

Long-distance runner  Sheila Chelangat. [File, Standard]

The High Court in Nakuru has dismissed an application by two Kenyan long-distance runners seeking to block sanctions imposed on them by the Athletics Integrity Unit (AIU) over doping allegations.

The two athletes, Diana Chepkorir and Sheila Chelangat, were suspended for alleged breaches of anti-doping rules. In her ruling, Justice Patricia Gichohi held that the court lacked jurisdiction to hear the petition.

The judge noted that the athletes are registered under Athletics Kenya, which is affiliated with World Athletics, the global governing body for the sport. As such, they are bound by World Athletics regulations, including the World Anti-Doping Code 2021, as incorporated into the World Athletics Anti-Doping Rules 2025.

Chepkorir and Chelangat had sued the AIU, Volare Sports Management, and Rosa Associate Management. The court found that disputes of this nature must first be handled through internal disciplinary mechanisms within World Athletics and the AIU, followed by an appeal to an independent disciplinary tribunal, with a further right of appeal to the Court of Arbitration for Sport (CAS) in Switzerland. “The applicants failed to subject themselves to the available dispute resolution mechanism and instead approached this court. This court, therefore, lacks jurisdiction to entertain and determine this petition,” ruled Justice Gichohi, adding that without jurisdiction, the court could not interrogate the merits of the claims raised.

Chepkorir, a resident of Keringet, argued that her suspension violated her constitutional rights, including the right to fair administrative action. She stated that the AIU issued her with a notice dated June 4, 2025, accusing her of breaching anti-doping regulations based on samples allegedly collected between May 18, 2024, and March 12, 2025.

She claimed the allegations were inconsistent with World Anti-Doping Agency standards and were unsupported by sufficient evidence. She further alleged discrepancies in her Anti-Doping Administration and Management System (ADAMS) account, including records showing test locations in Iten and Eldoret, places she said she had not visited during the testing period.

Chepkorir also accused AIU Chief Executive Officer Brett Clothier of imposing a four-year ban without subjecting her case to a disciplinary tribunal. She claimed several Kenyan athletes had been banned without adequate proof, resulting in reputational damage, loss of careers, and loss of prize money amounting to millions of shillings.

She also accused Volare Sports Management of withholding at least Sh3.5 million in contract and prize earnings, and sought orders allowing her to continue training and competing locally and internationally pending the determination of her case.

Chelangat, in her petition, said she received an anti-doping notice dated May 20, 2025, and was shocked to learn that her blood samples had allegedly been replaced with urine samples. She claimed her ADAMS account initially showed negative results before further analysis was conducted under unclear circumstances.

She questioned how such a mix-up could occur in a global institution mandated to protect the integrity of athletics. She argued that the alleged irregularities undermined the credibility of the entire testing process. She also accused Rosa Associate Management of freezing her contract and prize money amounting to over Sh3.5 million, saying this had caused financial hardship.

Both athletes had sought orders restraining the AIU from imposing bans or suspensions pending the hearing and determination of their case.

Court documents indicate that at least nine Kenyan athletes were suspended for doping violations between February 2024 and September 2025.

In a replying affidavit, the AIU described the application as lacking merit and containing procedural misrepresentations of fact and law.

Volare Sports Management and Rosa Associate Management supported the AIU’s position. Volare Sports Management stated that any dispute over withheld payments should be pursued through a recovery suit rather than a constitutional petition. The company added that it had paid all monies due to Chepkorir, except for payment from the Berlin Half Marathon, which was being withheld pending the doping investigation.