EACC, AGs office wades into athlete Komen con case

Athlete Daniel Kipchirchir Komen flanked by fellow runner Paul Kipsiele Koech (left) when they appeared ...
Athlete Daniel Kipchirchir Komen flanked by fellow runner Paul Kipsiele Koech (left) when they appeared before the EACC on November 15, 2016. PHOTO/Charity Wanja

The Ethics and Anti-Corruption Commission (EACC) has promised to expedite investigations into a case in which an athlete is accusing his lawyer and friend of conning him property worth over Ksh20m as the Attorney General’s office also waded into the matter.

Daniel Kipchirir Komen, 31, who has represented Kenya at three IAAF World Championships in Athletics, was summoned to EACC headquarters in Nairobi on Tuesday after his story aired on local station NTV on Sunday.

Komen was accompanied to Integrity Centre headquarters by Athens 2004 Olympics steeplechase bronze medallist, Paul Kipsiele Koech, who stood as witness in some of the transactions involving Isaac Terer, the lawyer he is alleging fleeced him of his earnings and his lawyers.

The two-time IAAF World Indoor silver medallist over 1500m was grilled for almost two hours and speaking after the session, his lawyer Elvis Majani said Komen was asked by EACC Deputy CEO Michael Mubea to bring his supporting documents on Wednesday at 10am.

“He should also bring the plea he took in an Eldoret court that is listening to the case,” his lawyer added.

Speaking outside Integrity Centre, Komen believes he will get justice with the anti-graft body now involved in the matter.

“EACC has lifted the burden for me. I can now go back to my training for 10000m or full marathon. The biggest lesson I learnt is I trusted too much and I was not keen. That is why I was taken advantage of because I was young and naïve,” the 3:29.02 career best runner in 1500m stated.

“Since the story was aired, several lawyers have been calling wanting to representing me in my case including Athletics Kenya vice-president, Jinaro Kibet. So far, I’m happy with the help that I have received from the federation and everyone else who has been touched by my plight.

“My friend Kipsiele has always been there for me. We have shared a lot and he tried to open my eyes,” the athlete said.

Speaking to Citizen Digital on Monday, Kipsiele the steeplechase circuit speedster supported Komen’s allegations of being short-changed by the Terer who now serves as a Speaker of the County Assembly of Uasin Gishu.

“I believe that Komen was conned by his lawyer because one day I met with Terer and he agreed that he had money belonging to Komen. I was not surprised when the issue came up because I had experienced the same after he had committed himself to pay Komen’s debt of Ksh9m.

“On the same day Terer asked me if I would accept a car as a form of payment, I accepted because if he did not have that kind of that there was no other choice. He sold the car to me at Ksh1.7m. In addition to Ksh1.5 m bank transfer he had made earlier,” the Athens Olympics medallist claimed.

The Office of the Attorney General and Department of Justice has already written to Terer on the complaint filed against him by Komen.

“We have received a complaint against you from the aforesaid complainant who alleges that instructed you sometime in April 2008 to represent him in the purchase of properties LR No. 12448/7, LR No. 12448/8 and later Eldoret Municipal Block 7/176.

“The complainant, however, alleges that despite paying you the purchase price, amounting to about Ksh22m and legal fees, you failed, refused and/or neglected to follow up the matter and conclude the transactions,” part of the letter addressed to Terer dated Tuesday, November 15, 2016 read.

“The complainant further alleges his efforts to reach you for settlement of the matter have been futile, prompting to this complaint. The complainant now seeks an account of his money and further, a refund of the same.

“The complainant identifies the following possible violation of the rules of professional misconduct; failing to provide any/an adequate professional service; failing to keep client informed of the status of his case or to return phone calls; failing to account for clients money; conflict of interest and failing to protect client’s interests,” it adds.

The AGs office has asked Terer to respond within 30 days in a written submission besides letting them know whether he is open to the Commission’s In-House Dispute Resolution mechanisms in place.

During the airing of the piece titled Poor Millionaire Terer who is eyeing the Kesses Parliamentary seat in the 2017 General Election; denied swindling the athlete claiming the runner was fully aware of any transaction deeds entered on his behalf.

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Story By Charity Wanja
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