After a bitter 12-year dispute with her ex-husband, Kenyan marathon star Lucy Wangui Kabuu can finally enjoy her hard-earned success in peace. She won a Sh70 million matrimonial property dispute with her estranged husband.
On Tuesday, the court ruled in favour of Kabuu, awarding her the majority share of the property, which her ex-husband Jeremiah Maina had sought an equal share of.
In its ruling, the court found that Kabuu was the financial driving force behind the couple’s estimated wealth of Sh70 million.
Kenyan Marathoner Lucy Wangui Kabuu in a Nakuru court during the hearing of a case in which she is battling over matrimonial property with her ex-husband.
Photo credit: Joseph Openda | Nation Media Group
The court ruled that Kabuu had exclusive ownership of a five-storey rental apartment in Umoja, Nairobi County; properties in Bahati and Free Area, Nakuru County; and two properties in Nyandarua County, having provided clear records of the direct purchase of these properties.
However, the matrimonial home in Nyahururu was shared between the two, with Kabuu receiving an 80 per cent share and Maina receiving 20 per cent.
“The court was satisfied that Kabuu was the financial muscle of the marriage that existed between 2009 and 2014. She proved that she made at least Sh17 million between 2012 and 2013, when she won medals and prizes for her marathon, and entrusted Maina to manage her finances,” ruled the judge.
Conversely, the court criticised Maina for taking advantage of Ms Kabuu’s vulnerabilities and betraying her.
According to the court, Maina sold part of Kabuu's property without her consent and refused to account for the money he received.
The court described him as a parasitic ex-husband who not only benefited from Kabuu's earnings from marathons in Dubai, London, Chicago and Tokyo, but also betrayed her trust.
“He misrepresented himself as the family’s breadwinner, despite knowing too well that Kabuu was a majority contributor,” noted the court.
Lucy Kabuu (right) and her estranged husband Jeremiah Maina.
Photo credit: Joseph Openda | Nation
The court faulted Maina for disobeying court orders and selling at least five matrimonial properties, while the case was going, noting that the properties would be deemed as part of his share.
Maina was thus directed to transfer any property registered in his name to Kabuu, within 60 days after the judgment.
According to the court, Maina could not prove how he acquired the property he claimed to have owned, using a police salary of approximately Sh32,000 per month.
The judge noted that, despite claiming to be a farmer and a businessman, Maina was unable to provide proof in the same way that Kabuu was able to prove that she is a renowned athlete and the 2006 Commonwealth 10,000 metres champion.
The court also questioned the credibility of Maina’s testimony, citing glaring discrepancies that cast doubt over his claims.
For instance, the court indicated that, despite Maina’s claims that he had purchased a property in Nyahururu for Sh655,000 through a sale agreement of October 31, 2012 using money from a vehicle he sold earlier, evidence by the National Transport and Safety Authority (NTSA) showed that by September 6, 2013, the vehicle was still in his name.
“Instead of honouring the trust bestowed on him, he misrepresented the acquisitions, disposed of properties in defiance of court orders and failed to account for monies entrusted to him,” ruled the court.
The case was filed in 2014 by Maina, who sought orders by the court to grant him 50 percent of the total wealth that they had amassed while they were married between 2009 and 2014.
Jeremiah Maina Kamungu, former husband of Kenya athlete Lucy Kabuu.
Photo credit: File | Nation Media Group
In the matrimonial proceedings he initiated against the athlete, Mr Maina claimed that he had made financial contributions towards the purchase and development of plots of land in Nakuru, Nairobi, Nyandarua and Laikipia counties.
The disputed properties include prime plots in Nakuru and Nairobi, on which commercial and residential properties stand. They also include motor vehicles and other parcels of land across the country, all of which are worth millions of shillings.
In response, Ms Kabuu denied marrying Mr Maina, claiming that they had cohabited for five years and had a daughter together.
She dismissed Mr Maina's claims, saying that she had used the prize money she had won in athletic competitions to acquire the properties, and that she had only allowed the plaintiff to oversee their development.
She noted that she had given her ex-husband access to her bank accounts and had allowed prize money to be sent directly to his accounts, as she had trusted him.
The marathon runner, who specialises in the 5,000 metres and 10,000 metres races, claimed that she was forced to abandon her home in Nyahururu after her former husband began physically abusing her.
The court heard that Mr Maina would assault her and threaten to shoot her in front of their daughter.
This judgment brings a long-standing matrimonial dispute, which has been ongoing for over a decade, to an end.
