Athletes Eliud Kipchoge, Daniel Komen and Brimin Kipruto /Nation
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A high-stakes legal battle has erupted over a prime agricultural property worth over Sh100 million in Uasin Gishu County, pitting former runner Daniel Komen against his wife, Joyce Komen, a senior lecturer at Moi University.
The dispute centres around allegations that Mr Komen sold their shared 200-acre matrimonial property without Mrs Komen's knowledge or consent. The defendants in the case include double Olympic champion and former World Marathon record holder Eliud Kipchoge, Brimin Kipruto, the 2008 Olympic gold medalist in the 3,000-meter steeplechase, and prominent cereal farmers-turned-businessmen Felex Kipchoge Lagat and Peter Kipsigei Lagat. These individuals are alleged to have participated in the contested sale of the property which bears the LR Number 8638/26.
According to an affidavit filed by Mrs Komen's lawyer, Patrick Kibii, the couple jointly purchased and developed the property during their marriage, although it was registered solely under Mr Komen's name as part of a family trust. Mrs Komen claims to have contributed substantial funds towards the property's acquisition and development, even taking out loans to facilitate the purchase of what was intended to be their family home. The crux of the legal dispute revolves around Mrs Komen's assertions that she was excluded from the sale transaction which she alleges violated her constitutional rights as Mr Komen's spouse.
She contends that she should have been involved in the decision-making process and is entitled to an equal share of the property. It has come to light that the Lands Control Board did not grant the necessary approval for the sale as the appropriate procedures were not followed. Additionally, there needs to be more evidence indicating consent from the area chief, a crucial step in such transactions. Mr Komen, on his part, denies his wife's claim of joint ownership, asserting that he is the sole registered owner of the 89.03-hectare property. However, he acknowledges that Mrs Komen is his wife and that they have children together.
In his defence, Mr Komen claims to have sold the property to the previous landowners, the Kwambai and Chesire families, with the purported consent of his wife. He states that Mr Kipchoge and Mr Kipruto purchased 120 acres, while Felix and Peter acquired 50 and 20 acres, respectively. Mr Komen has expressed a desire to resolve the matter out of court, believing it to be the most suitable solution. The defendants, led by Mr Kipchoge, maintain that they were informed of the land's availability for sale in 2011 and entered into a legitimate sale agreement with Mr Komen who was the registered owner at the time.
They assert that they have taken measures to secure the land, including hiring guards, planting crops, and making other investments. Justice Reuben Nyakundi of the High Court in Eldoret is presiding over the case and has requested all parties to convene on May 20th for further instructions.
There are some lawyers who are seeing $s and are salivating to represent the aggrieved parties.