LEGAL TUSSLE | Komen is embroiled in a legal battle after selling family land worth over Sh100 million without his wife’s consent, sparking a dispute that questions property rights and trust within marriage.
Retired Kenyan celebrated international runner Daniel Komen shocked an Eldoret court when he revealed why he kept his wife in the dark over his decision to sell their matrimonial property valued at more than Sh100 million to fellow athletes led by double Olympic marathon champion Eliud Kipchoge. Komen, the father of three, puzzled the packed courtroom by stating that he had no obligation to seek the consent of his wife, Dr. Joyce Kimosop Komen, a senior lecturer at Moi University, about the deal.
Ms. Komen has sued her husband alongside his fellow international runners Eliud Kipchoge, Brimin Kipruto, Felex Kipchoge Lagat, and a prominent businessman and cereal farmer Peter Sang. The university lecturer wants the court to declare null and void the sale agreement her embattled husband entered into with the four buyers for land she claims is their matrimonial property, arguing that she was not consulted as his legal wife. She contends that even the process her husband used to sell their family land was defective noting that he did not conduct the transaction through the Land Control Board as required by law.
According to Komen, the contested prime 220-acre piece of land located on the outskirts of Eldoret City, which is at the centre of the legal battle, belongs to him. The multi-million shilling property, L.R No 8638/26, is situated to the southeast of Eldoret Municipality in Uasin Gishu County.
Retired Kenyan international athlete Daniel Komen in Eldoret High Court.
PHOTO | WINSTONE CHISEREMI | TRBN |
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International races
Komen told Presiding Judge Reuben Nyakundi that he purchased the property from a prominent farmer identified as Mzee Kwambai Chesire over three decades ago, using proceeds earned while competing in various international races abroad and a loan he took from a local bank. “I saw no need to inform or seek permission from my wife about the intention to sell my prime agricultural land because it is my property, which I acquired through my sweat,” emphasized Komen.
While acknowledging the university don as his legal wife, Komen stated that she had no right to demand his consent before disposing of the multimillion shilling property to whomever he wanted, arguing that he was the sole owner of the land. “Joyce is still my legal wife and mother of our three children despite the difference we have over the ownership of the disputed agricultural land located on the outskirts of Eldoret City,” noted Komen. Komen further informed the court that despite his pleas to settle the property dispute out of court, his wife rejected the idea and opted for a full trial.
He defended his fellow athletes and the businessman-cum-cereal farmer against claims by his wife that they were strangers to the parcel of land, saying they were legal purchasers. “I sold to Kipchoge and Kipruto 120 acres of my land while Limo purchased 50 acres and the businessman bought 20 acres,” disclosed Komen, terming the deal above board.
Decision made
He added: “I remained with 30 acres out of the 220 acres of land that I used to own and I have no regret for the decision I made because that was my property. I have tried my best to convince my wife to settle the matter outside court but she has stood her ground and refused to take the mediation route. So I have left the issue to the court to make a verdict,” added Komen. The retired international runner was testifying in a case where his wife has sued him alongside his fellow athletes and the businessman over ownership of the property. Dr. Komen has sought the court’s intervention, asking for the cancellation of the sale agreements entered into between Komen and the buyers.
Matrimonial property
During her testimony before the judge three weeks ago, she argued that the property was acquired and developed during their marriage but registered in her husband’s name to hold in trust for the family. She told the court she was shocked to learn that Kipchoge, a two-time Olympic champion, and Kipruto, an Olympic 3,000-metre steeplechase gold medalist, were claiming to have purchased a section of their matrimonial property. “I have also learned with shock and disbelief that the property was sold at just Sh10 million, which represents only 10 percent of the actual value of the land,” averred Ms. Komen.
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The long-drawn criminal case surrounding the attempted assassination of former Garissa County finance executive Idris Mukhtar, who has been in a coma for six years, is set to resume on December 17 at the Milimani Law Courts. Businessman Mohamud Hussein Aden and Juliet Charity Njoki have denied charges of attempting to kill Mukhtar on May 19, 2018, at a popular restaurant in Nairobi’s Kileleshwa area. They also face a separate count of conspiring to murder Nairobi lawyer Charles Kanjama between July and September the same year.
The case, which was scheduled for a three-day hearing before Chief Magistrate Lucas Onyina, stalled last week after prosecution witnesses failed to turn up. Prosecutors sought an adjournment, noting that the victim himself cannot testify since he remains in a vegetative state. Mukhtar was shot in the head outside White Star Restaurant along Kandara Road and rushed to the ICU of a Nairobi hospital before later being airlifted to India for specialized care. His family says he has remained unresponsive ever since, with police unable to record any statement from him.
The assassination plot has been marred by twists and controversy. The prime suspect, 27-year-old David Mwai, allegedly committed suicide in a Parklands police cell shortly after reportedly recording a confession detailing how he had been hired as the hitman. Investigators said Mwai revealed that the initial plan was to kidnap and poison Mukhtar with hydrogen peroxide, but after several failed attempts, he was ordered to “shoot to kill.” He was allegedly promised Sh500,000 for the job.
