The hearing of a Sh100 million prime property pitting former 3,000 metres World record holder Daniel Komen and his wife Joyce Kimosop Komen at the High Court sitting in Eldoret has taken a new twist.
This was after Komen produced four more documents in addition to eight which she wants the court to admit as part of her evidence in the case against her husband and the athletes including marathon star Eliud Kipchoge, Beijing Olympics gold medalist Birmin Kipruto and two businessmen Felex Lagat and Peter Lagat.
Justice Reuben Nyakundi adjourned the matter to Friday when he will rule on whether or not to accept the new evidence produced by Komen, who is a senior lecturer at Moi University.
Justice Nyakundi’s action came after the defendants in the case led by Kipchoge objected to her move to produce additional documents against them.
The contested documents include sale agreements, folio register, search and consent to transfer documents.
“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,” stated the Judge.
Komen through her lawyer Patrick Kibii wants the court to declare null and void the sale agreement for the prime 200-acre agricultural land located in Eldoret between her husband, Kipchoge and Kipruto.
She insisted that the suit property was matrimonial property that her husband sold off illegally without her consent.
While objecting to the presentation of additional documents by Komen’s wife, the defendants through their lawyer Joshua Ogongo argued she was neither a party nor witness during the signing of the sale agreements.
They stated that Komen’s name does not appear in any of the transaction documents they entered into with her husband as they asked the Judge not to admit them as part of her documentary evidence in the case.
But in her rejoinder, Komen told the court that the objectors were out to delay the hearing and determination of the case by rejecting her documents.