Court blocks new evidence in ex-athlete Daniel Komen's Sh100m matrimonial property case

A Sh100 million matrimonial property dispute involving former 3,000-meter world record holder, Daniel Komen, and his wife, Joyce Kimosop Komen, has taken a fresh twist after the High Court objected to the introduction of four additional documents by Ms Komen.

On Tuesday, Eldoret High Court's Justice Reuben Nyakundi stood down Ms Komen when she attempted to submit the documents, in addition to eight others she wants admitted as evidence in the case.

Ms Komen, a lecturer at Moi University, has sued her husband and Double Olympic champion, Eliud Kipchoge, objecting to the sale of the contested property.

The judge's decision to step down the witness came after Kipchoge and other defendants opposed the introduction of additional documents, including sale agreements, folio registers, search records, and consent-to-transfer forms.

"I will have to step you down to allow me to make a ruling on whether to admit or reject the additional documents you have presented in court relating to this case," ruled Justice Nyakundi.

The ruling on the contested documents is set for March 28.

Ms Komen, through her lawyer Patrick Kibii, wants the court to declare the sale agreements null and void. She argues that the sale of the 200-acre prime agricultural land in Eldoret City—allegedly to Kipchoge and Brimin Kipruto, the 2008 Olympic 3,000-metre steeplechase champion—was illegal.

Also sued are Felix Kipchoge Lagat and Peter Kipsigei Lagat, who are accused of being part of the transaction.

The defendants, through lawyer Joshua Ogongo, objected to the additional documents, arguing that Ms Komen was neither a party nor a witness during the signing of the sale agreements.

They further stated that her name does not appear in any transaction documents, urging the court to reject them.

In response, Ms Komen accused the defendants of trying to delay the case.

"The objectors are only out to delay the matter by coming up with sideshows with the intention of securing another adjournment," argued lawyer Kibii.

Kipchoge and the three other buyers have been sued for allegedly purchasing the Sh100 million property without Ms Komen’s consent.

According to court documents, Ms Komen—who also heads the Management Science Department at Moi University—wants the sale nullified, insisting that the transfer of the title deed was unlawful.

"I was shocked to learn that my husband sold our matrimonial property at a paltry Sh10 million, which represents just 10 percent of the actual value of the land," stated Ms. Komen in her court filings.

She claims to have made substantial financial contributions toward the property's purchase and development, with its current market value estimated at Sh100 million.

"My husband has never told me that he has sold the land, let alone his intention to do so," she added.

"I took various loans to fund the purchase and development of the property, which was the only family home, as I married Komen when he had no place to call home."

However, Komen refutes her claims, maintaining that he is the sole registered owner of the 89.03-hectare property (L.R No 8638/26) located southeast of Eldoret City.

While acknowledging that Ms. Komen is his legal wife of 27 years and that they share children, he argues that her contributions were limited to development projects, not ownership.

"It is true we jointly applied for a loan with my wife to settle the outstanding balance of the purchase price of the said suit property to the former owners—the Kwambai and Chesire family—excluding other development projects she undertook on the land," stated Komen.

In a shocking revelation, Komen told the court that he sold the property to Kipchoge and the three other buyers with his wife's consent.

Efforts to resolve the dispute through mediation failed, forcing the warring parties back to court for a full trial.