Athlete Daniel Komen with his lawyer, Hillary Chemitei, at the High Court in Eldoret /MATTHEW NDANYI
Retired athlete Daniel Komen has told the High Court in
Eldoret that he sold 220 acres of land worth over Sh300 million to fellow
athletes, including marathon star Eliud Kipchoge, without consulting his wife, Joyce
Kimosop, sparking a family row.
Komen, a former 3,000m world record holder, testified before
Justice Reuben Nyakundi that he did not involve his wife in the transaction
because the land belonged solely to him.
The disputed property, L.R No 8638/26, lies southeast of
Eldoret along the Nairobi highway.
He said he bought the land over two decades ago from farmer
Mzee Kwambai Chesire using money earned in international competitions and a
bank loan.
Among the buyers were Kipchoge, 2007 World steeplechase
champion Brimin Kipruto, former London Marathon winner Felix Limo and
businessman Peter Sang.
But Kimosop, a senior lecturer at Moi University, insists
the land is matrimonial property and has asked the court to nullify the sale.
She sued her husband alongside the four buyers, arguing she was neither
consulted nor gave consent.
In court papers, she claims she was shocked to discover that
the land had been sold for just Sh10 million—barely 10 per cent of its actual
value—and that the buyers had already taken possession.
“I took several bank loans to fund the purchase and
development of the property, which was our only family home. My husband never
mentioned the sale and I was surprised when strangers occupied it,” she told
the court.
Kimosop, who married Komen in 1998 and has three children
with him, says the land was bought jointly but registered in Komen’s name in
trust for the family. She wants the court to determine whether, as a wife, she
has the constitutional right to be involved in transactions concerning family
property and whether the sale violated her rights.
Komen admitted in court that the couple took a joint loan to
complete the purchase and that his wife had managed and developed the land
while he was competing abroad. However, he downplayed her contribution, calling
it minimal.
The buyers, through court filings, defended their purchase.
Kipchoge said they entered into a sale agreement with Komen in October 2011 for
Sh10 million after confirming the land was registered in his name. Later, they
agreed to buy an additional 80 acres for Sh25.6 million.
“We conducted due diligence and obtained consent from the Land
Control Board. We have since secured the land with guards and planted crops,”
Kipchoge said, adding he was unaware of any family dispute.
Komen said he had attempted to resolve the matter through mediation, but the efforts failed. The case continues before Justice Nyakundi.
