Former Boston Marathon champion Sharon Cherop has announced plans to challenge a High Court ruling in Eldoret that awarded her former husband, Mathew Bowen, 40 per cent of their contested matrimonial property.
Cherop said she was dissatisfied with the decision and had instructed her lawyer to move to the Court of Appeal to challenge the judgment.
The dispute involves several properties, including residential and rental houses as well as parcels of land valued at more than Ksh40 million in Uasin Gishu and Elgeyo Marakwet counties.
The former athlete maintains that she acquired the properties using money earned from her participation in international athletics competitions, arguing that her earnings enabled her to invest in real estate over the years.
According to documents she presented before the court, Cherop relied on proceeds from her successful athletics career to purchase the disputed assets.
She has, however, taken issue with the court's decision to allocate Bowen 40 per cent of the property, maintaining that she is not satisfied with how the court arrived at its determination.
Her decision to appeal now sets the stage for another legal battle as the former couple seeks to establish their respective interests in the disputed assets.
On his part, Bowen maintained during the court proceedings that he made contributions towards acquiring the properties and was therefore entitled to a share of the wealth accumulated during their marriage.
His position formed part of the arguments considered by the court in determining how the matrimonial assets should be distributed following the breakdown of their marriage.
The dispute centres on the contributions made by each party towards the acquisition and development of the properties, with both former spouses laying claim to a portion of the wealth.
The ruling by the Eldoret High Court effectively granted Bowen a 40 per cent share, leaving Cherop with the remaining 60 per cent of the contested property.
However, Cherop's planned appeal means the distribution of the assets could be subjected to further judicial scrutiny.
The Court of Appeal will now have an opportunity to examine the issues raised by the former athlete once the appeal is formally lodged.
Cherop is among Kenya's celebrated long-distance runners, having built an international career through participation in major road races, including the Boston Marathon.
Her achievements on the international athletics circuit also feature prominently in the dispute, with the former runner maintaining that her earnings from competitions were the primary source of funds used to acquire the properties.
The outcome of the anticipated appeal will determine whether the High Court's decision on the distribution of the former couple's assets will stand or be reviewed.
