Kenyan marathon star Lucy Wangui Kabuu has filed an application seeking to have her ex-husband Jeremiah Maina jailed for contempt of court for allegedly defying orders barring him from collecting rent from a property belonging to her.
The application, filed on December 3, stems from a court order issued by Justice Anthony Ndungu on July 5, 2015, which outlined how the couple’s rental income was to be divided.
According to the order, Mr Maina was to collect rent from a plot in Nakuru (LR. No 33092) while Ms Kabuu was to collect rent from Nairobi/Umoja block 33/14/231 and Bahati Kabatini Block 1/8352.
The 10,000 metres gold medalist has also accused Mr Maina of selling a property under dispute in the matrimonial case and an existing court order restraining the same.
The order further directed the Legacy Auctioneers to collect rent from CII BCO Site Nyahururu Municipality with effect from July 2018 as well as the lease amount for Nyahururu/Silibwet/4565.
According to Ms Kabuu, Mr Maina has hindered the auctioneers from collecting the rent and has refused to deposit the rent to the courts account.
She claimed that her ex ex-husband has gone ahead to illegally dispose of some of the properties while at the same time developing others without her consent in disregard of the court order.
“It is true that the plaintiff developed the suit properties in Free Area, Nyandarua/Silibwet 2074, 2075 and 2076 without the consent/approval of the defendant. The illegal structure ought to be forthwith demolished,” the application reads in part.
Ms Kabuu wants the court to compel Mr Maina to comply with the orders and also summon him to explain why he should not be punished for disobedience of the court order.
The athlete told the court she delayed in filing the application since she was yet to get hold of tangible evidence to support her claims.
She claimed to have filed the case after learning that her name was missing in the list of beneficiaries and on the distribution list of distribution of the said property.
Ms Kabuu filed the application during the hearing of her matrimonial case in which her former husband is seeking 50 per cent of the property.
In the matrimonial case filed in 2014, Mr Maina wants half of the property estimated to be worth around Sh100 million which he claimed to have jointly acquired as a couple.
He claims to have financially contributed to the acquisition and development of the properties in Nakuru, Nairobi Nyandarua and Laikipia counties.
Ms Kabuu on the other hand claims all the property were purchased and developed using her funds that she got from her wins in the athletic sports.
She claimed the ex-husband took advantage of her absence to enrich himself by withdrawing large sums of money and transferred it to his account under the disguise of purchasing and developing the suit properties.
The marathoner who specialises in 500 meters and 10,000 meters’ races claimed she was forced to abandon her home in Nyahururu after her former husband began abusing her physically.
Justice Samuel Mohochi directed Ms Kabuu to serve the application to Mr Maina who should file his response before the court delivers its ruling on January 28,2024.
