- Saif Saaeed Shaheen has held the 3000m steeplechase world record of 7:53.63 minutes for 14 years
- Shaheen who was born Stephen Cherono ran for Qatar at the 2003 and 2005 World Championships
- Shaheen filed an application to be declared bankrupt in a Kisumu court in 2015 which was granted
- The High Court in Eldoret threw out a case he had filed because he was bankrupt
- Cherono denies being the same person as Shaheen who was declared bankrupt
The Court of Appeal has allowed 3,000 metres steeplechase runner Saif Saaeed Shaheen formerly Stephen Cheruiyot Cherono to file a late appeal against a High Court ruling which threw out his case because he was bankrupt.
TUKO.co.ke established Cherono had filed case number 366 of 2015 against Kenneth Kiptum Kandie accusing him of fraudulently acquiring his parcel of land in Moiben, Uasin Gishu County.
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However, Kiptum defended himself in the case saying the parcel was legally transferred to him by Cherono.
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Kiptum confided to the court that Cherono also known as Saif Saaeed Shaheen, the world 3,000 metres steeplechase record holder, had transferred the land as settlement of KSh 22 million he owed him.
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The hearing of Cherono’s application failed to commence after Kiptum filed a preliminary objection informing Justice Anthony Ombwayo that his accuser had filed for bankruptcy as Saif Shaheen at the High Court in Kisumu.
“A bankrupt party cannot personally maintain, defend or institute a suit. The complainant’s issue of identity was also decided in Eldoret Children's Case No. 85 of 2015 by his three minors and wife Monica Julie Kangogo where the court issued interim maintenance orders to Stephen Cheruiyot Cherono alias Saif Shaheen Saeed,” argued Kiptum.In a response seen by TUKO.co.ke, Cherono disputed he was the same person as Saif Shaheen Saeed who had been declared bankrupt by the court in Kisumu.
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“It is clearly evident the High court at Kisumu issued a receiving order against Shaheen Saif Saeed the plaintiff herein on his own petition. I am satisfied Stephen Cherono is the same person referred to as Saif Saeed Shaheen referred to in the Kenya Gazette of Saturday, April 30,” read part of Ombwayo’s ruling.The judge said it was clear Saif and Cherono were one and the same person who had dual citizenship of Bahrain and Kenya.
“I haven’t seen an order granted to the plaintiff allowing him to commence this suit as required by law aforesaid. The upshot of the above is that the Preliminary Objection is upheld and the suit herein is struck out with costs," Ombwayo concluded.In the Court of Appeal, Cherono pleaded to have his late appeal against the High Court’s decision accepted, because he was not the same person as Shaheen who had been declared bankrupt.
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“The person declared bankrupt in Kisumu Bankruptcy Cause No. 5 of 2015 was Shaheen Saif who is a different person from me, I was unable to file the notice of appeal against the high court’s decision because I became aware of it after the required 14 days expired,” argued Cherono.Court of Appeal judge Hannah Okwengu considered Cherono’s plea saying he had an arguable case.
“It is clear the applicant was obstructed from filing the appeal within14 days by his lawyer who failed to inform him of the court’s decision. From the ruling there is an arguable issue which can be canvassed on appeal regarding the applicant’s capacity to institute a case,” ruled Justice Okwengu.Do you have a hot story or scandal you would like us to publish, please reach us through news@tuko.co.ke or WhatsApp: 0732482690 and Telegram: Tuko news.
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