County speaker in fraud case asks for time to prepare
Daniel Komen (center) and his lawyer Elvis Majani arrive at the Ethics and Anti-Corruption Commission offices in Nairobi on November 15, 2016. Mr Komen says Isaac Terer, Uasin Gishu county speaker, defrauded him. PHOTO | CHRIS OMOLLO | NATION MEDIA GROUP
What you need to know:
- His lawyers said that the athlete stands to incur heavy losses if the land is transferred to a third party.
- They also want the court to freeze Mr Terer’s bank accounts pending determination of the case.
The Sh150 million fraud allegations by the double World Indoor 1,500m silver medalist athlete Daniel Kipchirchir Komen against Uasin Gishu Assembly speaker Isaac Terer has kicked off at the High Court in Eldoret.
The athlete, through his lawyers Joshua Maritim, Edgar Wambilianga and Elvis Majani, tabled documents before Judge Anthony Ombwayo of the Environment and Lands Court indicating that Mr Terer acted as his lawyer and financial manager when purchasing land from Pauls Cookiesman in Eldoret town.
Mr Komen argues that he entered agreement with Pauls Cookiesman to buy the land but Mr Terer did not transfer the property to him despite making full payments.
His lawyers said that the athlete stands to incur heavy losses if the land is transferred to a third party.
They also want the court to freeze Mr Terer’s bank accounts pending determination of the case.
In the court papers, he further indicates that in 2008 he invested Sh12 million to purchase the land.
The county speaker, who was represented by his lawyer Bernard Kiprono Langat, told the court that he requires more time to study the documents.
However, Judge Ombwayo directed the athlete’s lawyers to serve Pauls Cookiesman with copies of application of the case in the next seven days to enable him appear in court.
“I direct that Pauls Cookiesman who is the second respondent in this case be served with copies of plaintiff’s application within seven days,” Justice Ombwayo said.
The matter will be mentioned for further direction on December 2.
He claims that although he bought the land from Pauls Cookiesman, Mr Terer secretly inserted his name on the sale agreement to indicate that they were joint buyers.
The sale agreement dated April 21, 2008 indicates that Komen and Terer jointly bought a parcel of land L.R. Mo. 12448/7 and L.R. No. 12448/8 for Sh12 million.
The Uasin Gishu County Assembly is expected to debate Mr Terer’s conduct this afternoon.
The Majority Leader Josphat Lowoi is expected to table a motion after he spoke to the athlete to get his side of the story.
Among the documents that the Assembly requires from the athlete include bank transactions and sale agreements which Mr Lowoi said will facilitate the solving of the matter.
“We must allow Komen to give us his side of the story so that they can both be heard in this house,” Mr David Sing’oei, Ny’inyilel ward rep, said.
Some ward reps have warned Mr Terer that they will impeach him if the allegations are true.
