Daniel Komen sues Uasin Gishu Speaker over Sh150m Eldoret property

Kapsaret MP Oscar Sudi addressing the press in Eldoret town on November 14, 2016, concerning a story aired by NTV concerining athletes been swindled money. PHOTO | JARED NYATAYA |

What you need to know:

  • Double World Indoor 1,500m silver medallist Daniel Kipchirchir Komen has moved to court to recover property valued at Sh150m that he accuses his former financial advisor and lawyer Isaac Terer of swindling him.
  • In a case filed at the Environment and Lands court in Eldoret, Komen, through law firm Wambilianga, Majani and Associates, alleges that he entrusted Terer, who is also the Uasin Gishu County Assembly Speaker, to help him purchase land in Eldoret worth Sh12m in 2008.
  • Komen’s lawyer Elvis Majani said the case comes up for hearing on November 24, this year in Eldoret under a certificate of urgency.

Double World Indoor 1,500m silver medallist Daniel Kipchirchir Komen has moved to court to recover property valued at Sh150m that he accuses his former financial advisor and lawyer Isaac Terer of swindling him.

In a case filed at the Environment and Lands court in Eldoret, Komen, through law firm Wambilianga, Majani and Associates, alleges that he entrusted Terer, who is also the Uasin Gishu County Assembly Speaker, to help him purchase land in Eldoret worth Sh12m in 2008.

Komen’s lawyer Elvis Majani said the case comes up for hearing on November 24, this year in Eldoret under a certificate of urgency.

Komen has also brought the case to the Advocate Disciplinary Committee where he wants Terer punished for professional misconduct besides being compelled to refund the cash involved.

PROVED FUTILE

Komen indicates his efforts to get the documents or title deeds for the said property have proved futile even after paying Sh10m in instalment through bankers’ cheque as directed by Terer to Pauls Cookiesman Limited bank account.

Komen said that Terer, who has been evasive, has all along told him that the property was solely his only to learn that Terer had secretly inserted his name on the sale agreement to indicate that they are joint buyers of the property.

However, Terer dismissed Komen’s claims saying that they are business partners and purchased the said property among others together.

According to the sale agreement dated April 21, 2008, Komen and Terer jointly bought a parcel of land L.R. Mo. 12448/7 and L.R. No. 12448/8 from a vendor Virginia Wangui Kamau for Sh12m.

Komen said Terer told him to deposit a first instalment of Sh4m to Cookiesman Limited, the company that owned the property through a bankers’ cheque on April 22, 2008 followed by another Sh5m to the same account on April 24, 2008.

Komen made the third payment of Sh1m on April 28, 2008 to the same Cookiesman Limited account bringing the total to Sh10m.

“On April 28, 2008, the Defendant (Terer) called me to his office and I accompanied him to the office of M/S Gicheru and Company Advocates where we signed the sale agreement of transfer of the said property.

“All along the Defendant assured me that the said property was solely mine but as to my surprise, my advocates on record in this action have advised me that the Defendant inserted his name as a purchaser of the said property,” said Komen in his suit.

Komen explains that the property in question were 40 plots but later scaled down to 29 plots with the rest covering for Sh2m that he had not paid.  “To date no transfer of the said property and no documents or title deeds have been issued to me to that effect,” said Komen.

“The property has accrued to a tune of Sh150,000,000 due to the defendant’s unprofessionalism and misconduct causing loss of income.”

Majani said they shall pursue the matter until his client is compensated in full for the principle amount and loss of income since 2008 of Sh50m.

“The truth of the matter is we are partners and I believe we can settle this amicably,” said Terer in a telephone interview adding that he also contributed to the purchase of the land.

However, Komen disagreed with Terer’s claims saying there is nothing to show for his contribution and that he was not his business partner but a lawyer and financial advisor.

Terer explained that he has already compensated Komen with another parcel of land measuring 2.7 acres in Eldoret town for the 29 plots. However, efforts to have Terer produce evidences to that effect have proved futile.

“We agreed that he takes the land in town as a compensation for the 29 plots after he lacked patience,” said Terer. “I transferred all the documents for the land in town to Komen, having agreed only for him to come up with some malicious statement.”

Komen’s tribulations have drawn condemnation from Kenyans who called on the Nation sports desk and the social media especially after the story was aired on NTV on Sunday night.

“I watched it and I feel for my brother Komen,” said World javelin champion Julius Yego.

“It’s a sad story that need urgent attention and immediate action.”

Yego called on the government to act fast and interrogate Terer so that the truth is known.

Professional Athletes Association of Kenya (PAAK) organising secretary Julius Ndegwa, who was the first to highlight Komen’s tribulations, called for justice for Komen.

“What Terer is alleged to have done should be investigated and I hope Komen will find justice in court,” Ndegwa said.

“People like Terer should be stopped and punished.”

The 2008 Beijing Olympics 800m champion Wilfred Bungei cautioned athletes to be wary of conmen, having also lost to close to Sh1m some years back to a project manager. “Once beaten twice shy,” said Bungei, who also advised athletes to invest wisely and avoid being extravagant. “Alcoholism almost killed me but I leant my lessons.”

Athletics Kenya president lieutenant general (retired) Jackson Tuwei said that they hope Komen will get justice adding they were ready to help him back on his feet even as the case proceeds in court. “We are aware he has gone to court but we shall engage him to see where we can assist.”

And in Eldoret , Kapseret Member of Parliament Oscar Sudi said he was a victim of conmen who dupe people in Eldoret town they can multiply money.

The MP said he lost Sh11million as he was given fake currency and called for proper investigation into the matter, saying Komen could have lost money in a similar manner through dealing with money lenders, or “shylocks” and failed to tell his family the truth.

He was also reacting to the news feature aired by NTV titled “Poor millionaires” on Komen’s tribulations.