Lucy Kabuu and (inset) her former husband Jeremiah Maina.
A star marathoner’s attempt to have her ex-husband jailed for contempt of court has been dismissed after a Nakuru court ruled that she failed to prove disobedience of orders over a Sh100 million property dispute.
Lucy Kabuu had accused her ex-husband Jeremiah Maina Mwangi of defying a court directive by illegally collecting rent from a commercial property and selling another asset under dispute despite the existence of a court order barring such actions.
In her application dated November 29, 2024, Kabuu claimed that Maina had continued to benefit from properties that were subject to a matrimonial case contrary to a directive issued on July 5, 2015 by Justice Anthony Ndung’u.
According to the order, Maina was allowed to collect monthly rent from Plot No LR 33092 in Nakuru while Kabuu would receive income from Nairobi/Umoja Block 33/14/231 and Bahati Kabatini Block 1/8352.
Rent from a property at CII BCO Site in Nyahururu Municipality was to be collected by Legacy Auctioneers from July 2018.
The lease amount for Nyahururu/Silibwet/4565 was also to be managed through the same arrangement.
Kabuu alleged that Maina not only hindered the auctioneers from collecting rent but also failed to remit any income from the properties to the court as directed.
She asked the court to find him in contempt, commit him to civil jail, and auction his property to recover the income allegedly collected in defiance of the order.
However, Justice Samuel Mohochi dismissed the application, saying Kabuu had failed to present sufficient evidence to prove deliberate disobedience of the court orders by Maina.
“In the present application, it has not been sufficiently demonstrated that the respondent deliberately disobeyed court orders or at all,” Justice Mohochi ruled.
The judge said contempt proceedings were a serious matter since a conviction could lead to loss of liberty and must therefore be approached with a high threshold of proof.
“Contempt proceedings are a serious undertaking because a court exercising this jurisdiction is minded to ensure the orderly functioning of society and the rule of law. On conviction, the alleged contemnor stands to lose his or her liberty. It should not, therefore, be taken lightly,” said the judge.
He warned both parties against using court orders for vindictive purposes or seeking to gain an unfair advantage in the proceedings through technicalities.
However, in a partial win for Kabuu, the court allowed her application to have Mr Maina recalled for further cross-examination regarding some of the documents he had filed as part of his evidence.
In her application dated February 6, Kabuu sought to question the authenticity of several documents, including motor vehicle and land sale agreements, which she claimed were forged.
She alleged that the documents had glaring discrepancies and did not match records from the National Transport and Safety Authority (NTSA) and the Lands Office.
While the court declined to strike out the contested documents, it directed that Mr Maina be recalled to testify again and respond to the claims under cross-examination.
“The prayer to strike out documents from the plaintiff’s bundle of documents is held in abeyance to await his recall and cross-examination,” said Justice Mohochi.
The protracted legal battle stems from a matrimonial case filed by Mr Maina in 2014. He is seeking half of the property, which he claims they jointly acquired during their marriage and which is now valued at about Sh100 million.
He insists he contributed financially to the purchase and development of properties located in Nakuru, Nairobi, Nyandarua, and Laikipia counties.
Kabuu, however, maintains that the properties were acquired using proceeds from her athletic career, including prize money and endorsements.
She accuses Maina of taking advantage of her absence while she was competing to siphon off funds and illegally transfer property under his name.
jopenda@ke.nationmedia.com
