A woman has sued her estranged husband for selling their matrimonial property worth Sh25 million to former Kenya Power Managing Director Ben Chumo without her consent.
Ms Rosa Jepkorir Cheruiyot has protested the move by Mr Richard Kimutai Ruto, whom she says is her husband, to sell to Mr Chumo the property in Uasin Gishu County.
Ms Cheruiyot is accusing Mr Ruto, a retired employee of East Africa Tanning and Extract Company (EATEC) Limited, of selling the five-acre prime property to the former MD without her consent.
Through her lawyer Geoffrey Chemweno, she told Justice Reuben Nyakundi that her husband entered into a transaction agreement with Mr Chumo to sell their matrimonial property behind her back.
"My husband, without my knowledge sold and transferred the parcel of land known as Pioneer/Ngeria Block 1 (EATEC) 3531 to Ben Kipsang Chumo even though it is our matrimonial property,” she told the High Court.
She implored the court to help her repossess the disputed property, claiming that it was her only source of livelihood because her husband had abandoned her together with the children.
She said that she used to sell tea leaves and also engaged in poultry farming to educate their children and pay other bills.
Ms Cheruiyot told the court they were married through Kipsigis customary law and that her husband paid the dowry in September 1986.
Turbulence and separation
However, their union started experiencing turbulence four years ago leading to separation.
"I got married to Ruto in 1984 and was blessed with four children with the youngest aged 18. Our marriage was steady until sometime in 2021 when our union started experiencing problems," she told the court.
She termed claims by her husband that he acquired the suit property, Pioneer/Ngeria Block 1 (EATEC ) 3531 in 2011, with his second wife, Diana Chepkoech as a diversionary tactic meant to dispossess her property in dispute.
Mrs Cheruiyot clarified that the said parcel was purchased sometime in 1999 where they have been living and cultivating until late 2020 when her husband decided to sell it without her consent.
“I remember my husband indicated that he wanted to marry another lady sometime in February 2021 when our marriage started experiencing issues," argued Ms Cheruiyot.
She wants the court to declare that the suit property is matrimonial, and acquired through their joint efforts.
She also wants the court to grant her possession of the matrimonial property, noting that they acquired the wealth together.
"We obtained consent to have the land at the centre of a legal dispute transferred in 2001 from Lonrho Agribusiness East Africa," said Ms Cheruiyot.
In his defence, Mr Ruto said that he knew the applicant for the first time in 1984 and that they entered into an on-and-off relationship where they were blessed with four children.
Mr Ruto stated that he had never formalised marriage with the complainant to warrant her claims of being a wife in line with the Kipsigis customary law on marriage.
"My on-and-off relationship with the applicant has never been peaceful or enjoyable and no substantive contribution has ever been made by her to my acquisition of any properties I own," argued Mr Ruto.
He said that his wife Diana Chepkoech, whom he married under Kipsigis customary law in 2008, helped him acquire some of his properties, including the disputed suit property, to establish a matrimonial home.
Mr Ruto said that he had never been able to fully settle in the said suit property with his wife of three children, with the youngest aged nine months, due to the applicant's constant trespass, interference, and hostility.
"I decided to sell the five-acre prime piece of land to Ben Chumo, who has since acquired an absolute possession of the property and had the same transferred in his favour to enable us to source for another property where we could establish a home and live in peace," added Mr Ruto.
He said that despite their differences with the applicant, and for the best interest of his four children, he was able to acquire a property measuring 0.5 acres known as Pioneer Ngeria/Block1/24 from a women's group and transferred the same to her to hold in trust for the children's future benefit.
"I have also constructed a building and bought a posho mill to be used by the mother of my four children to generate income for her own benefit and that of the children's needs," argued Mr Ruto.
In his rejoinder, the former Kenya Power MD said in January 2020, Mr Ruto, who was a member of his church, approached him with an offer to sell him a five-acre piece of land known as Pioneer/Ngeria Block 1 (EATEC) 3531.
"Upon several discussions, I became interested in acquiring the parcel next to my home. I did due diligence by conducting a search that confirmed that the said property belonged to Richard Kimutai Ruto," stated Mr Chumo.
He claimed that they agreed on the purchase price of sh25 million for the whole prime parcel and that an agreement was executed.
"After execution of the sale agreement, I paid a deposit of Sh3 million to Mr Ruto and deposited the balance of sh22 million with our advocate which was subsequently paid to Mr Ruto where the title was transferred to me," said Mr Chumo.
The former MD stated that he was now the sole indefeasible owner of the said title, adding that he substantially developed the suit property.
Mr Chumo says that he was reliably informed that Mr Ruto's family had met and agreed to have the said parcel of land sold to enable him (Ruto) to purchase a commercial property.
According to Chumo, the commercial property would assist the family generate a stable income and alleviate the family's economic challenges they were facing.
"I am aware that Ruto tried his best to involve the entire family in his decision to sell the said land and even involved the area chief to convene a meeting between all members of his family and neighbours who were all agreeable that the proceeds of the sale of the suit land would not be wasted. This was after Ruto assured them that he would purchase a commercial asset for the benefit of his family," stated Mr Chumo.
He described Mr Ruto as a very responsible man and believed his decision to sell the land to him was made in the best interest of his family.
