Eldoret Law Courts where a 65-year-old man protested against the court referring to him as the husband of the mother of his four children
A 65-year-old man caused a stir in an Eldoret court when he protested against the court referring to him as the husband of the mother of his four children.
Mr Richard Ruto, a former senior manager of the defunct East Africa Tanning and Extract Company Limited, claimed they were only friends despite living together for more than 30 years.
Mr Ruto was defending himself before Justice Reuben Nyakundi in a case where Rosa Cheruiyot sued him for allegedly selling a Sh25 million matrimonial property to former Kenya Power boss Ben Chumo without her consent.
Mr Ruto shocked the court when he said Rosa Cheruiyot, with whom he lived for more than 30 years before they separated, was only a partner and not his wife.
“Let this court know that Rosa Cheruiyot has never been my wife as she claims despite being the mother of our four children,” he told the court.
The five-acre prime property known as Pioneer/Ngeria Block 1 (EATEC) 3531 which is at the centre of the legal battle is located near Eldoret International Airport along the Eldoret-Kapsabet highway in Uasin Gishu County.
Ms Cheruiyot has accused Mr Ruto, whom she claims is her estranged husband, of selling the land behind her back, claiming it was a matrimonial property.
According to the woman, she married Mr Ruto in 1984. She says their marriage was stable until 2021 when they started experiencing problems. Their eldest daughter is 39 years old.
But Mr Ruto told the court that he had married Diana Chepkoech in 2008 under Kipsigis customary law and had planned to settle on the property with the three children he had with her.
He regretted that he had never been able to fully settle on the five-acre land with his wife, Diana, due to constant trespass, hostility, and interference from his accuser.
Marriage
Ironically, Mr Ruto told the court that Ms Cheruiyot's parents rejected his offer to marry their daughter when he approached them three decades ago to ask for her hand in marriage at their Eldama Ravine home in Baringo County.
“When I went to Rosa’s home in Eldama Ravine area with elders from my home county of Kericho, the reception from her parents was negative,” he told Justice Reuben Nyakundi.
He revealed that the in-laws returned an envelope containing Sh3,000 given to them as a token of appreciation for hosting them in their home, saying the amount was too little.
He denied Ms Cheruiyot's claims that they jointly owned the disputed five acres of land, saying that when he was retrenched, he used the savings from his pension to buy the property.
He told the judge that he was under no obligation to seek the blessing or consent of the woman he calls his partner to sell the property, arguing that his accuser was not a co-owner of the same.
“The land in dispute has never been a matrimonial property as claimed by Rosa Cheruiyot. I bought the land from the proceeds of my pension and she has never contributed anything towards the purchase of the same,” he told the court.
Sell property
However, he told the court that before entering into a sale agreement with Mr Chumo, he informed Ms Cheruiyot as the custodian of his children.
Testifying in court, Mr. Ruto said Ms Cheruiyot's behaviour prompted him to sell the property so that he could use the proceeds to buy a commercial building in his home county of Kericho.
The former Kenya Power MD told the court that he conducted due diligence before purchasing the contested property from Mr Ruto.
He said he took a loan of Sh25 million from Stima Sacco to buy the prime five-acre land, where he has planted coffee and developed a section.
Mr Chumo told the court that in January 2020, Mr Ruto, who was a member of his church, approached him with an offer to sell land. They agreed on a purchase price of Sh25 million.
“I paid a deposit of Sh3 million to Ruto and deposited the balance of Sh22 million with our advocate which was subsequently paid to Mr Ruto before the title was transferred to me,” he told the court.
Mr Chumo described Mr Ruto as a very responsible man and believed his decision to sell the land to him was made in the best interests of his family.
The matter will be mentioned on November 6 for further directions.
