The role and contribution of Jeremiah Maina Wamungu, the ex-husband of Kenyan marathon star Lucy Wambui Kabuu, in the acquisition of disputed multi-million-shillings property, was under scrutiny during a hearing in the Nakuru High Court.
Ms Kabuu was questioned about her claims that Mr Maina contributed nothing to the property for which he is seeking a 50 per cent share, asserting it as matrimonial property.
The 2006 Commonwealth Games 10,000 metres gold medalist, who later shifted to the marathon, was tasked with explaining how her ex-husband allegedly swindled her prize money to purchase property registered in his name secretly.
The couple's brief marriage resulted in the birth of a daughter, a contentious divorce, and a protracted property dispute.
Documents presented in court revealed that the two met in 2009 and lived together as a couple for five years before separating in 2014.
After Ms Kabuu left the troubled marriage, Mr Maina filed a suit seeking half of the estimated Sh100 million property claiming they had jointly acquired it.
The court did not formalise the divorce until 2020, delaying the hearing of the matrimonial suit.
In his case, Mr Maina asserted that he financially contributed to the acquisition and development of properties across Nakuru, Nairobi, Nyandarua, and Laikipia counties.
On her part Ms Kabuu denied his claims, stating that she used her prize money to acquire the properties and only allowed Mr Maina to oversee their development.
Not compensated when he coached her
Kenya's Lucy Wangui Kabuu (front centre) runs in the Women's 10,000 meters during the Commonwealth Games in Melbourne, Australia, on March 21, 2006.
Photo credit: File
However, when questioned by Mr Maina's lawyer, Maina Kairu, whether she had compensated him for his assistance as her assistant coach between 2009 and 2014, Ms Kabuu admitted she never paid him during their time together.
She also confirmed that Mr Maina would accompany her to the tournaments in different countries including Dubai, London, and Berlin where they would spend weeks.
“I engaged Maina as my coach but we did not have a payment agreement. Sometimes when I was away, he would remain behind to look after our daughter,” she explained.
The lawyer argued that Mr Maina's support of his wife was beneficial to their family while she maintained that she had granted him access to her ATM cards as a family member.
“I had two ATM cards which I allowed Maina free access to my accounts so that he could safeguard our future and also because he was the one taking care of the child,” she said.
No proof trust was 'exploited'
The court heard allegations that Maina also had exploited her trust by stealing money and using her identity to open a dollar account, allowing him to receive funds from her athletic winnings.
Yet, Ms Kabuu could not adequately explain why she did not use her passport to open the dollar account despite it being a valid form of identification.
Additionally, Ms Kabuu claimed to have deposited Sh6 million into Mr Maina's account for purchasing and developing their property but registered it solely in his name.
For instance, she stated that the Sh2 million she earned from the London Marathon was sent to Mr Maina for property acquisition only for him to register it in his name.
Kenya's Lucy Wangui Kabuu (front) celebrates during a victory lap after winning the gold medal in the Women's 10,000 metres ahead of her compatriot Evelyne Wambui Ng'ang'a, who took silver at the Melbourne Cricket Ground
She however had a hard time explaining the transactions on Maina’s bank statement which revealed that the money he spent came from elsewhere.
The lawyer also maintained that the property that Mr Maina sold in 2012 was the one he acquired before he got married to Ms Kabuu.
According to the lawyer, he used the same money to purchase other properties and cannot be said to be matrimonial property.
In another instance, Ms Kabuu argued that a property in Nyahururu was bought using the income received from the sale of another property in Kayole.
However, documents indicate that the Nyahururu property was bought on February 22, 2012, before the property in Kayole was sold on June 30, 2012.
Mr Maina’s entry in the account statement shows a withdrawal of Sh 1 million on February 22, 2012, which was the purchase price of the property in Nyahururu.
The lawyer refuting Ms Kabuu’s claim that he had no stable source of income produced pay slips showing that Mr Maina would receive a net salary of Sh 27,000 from the National Police Service.
