Court orders man to share KSh251M property 50/50 with ex-wife

for Tv47 Digital February 06, 2023, 11:15 AM

In Summary

  • Court of Appeal overturned a decision by High Court for an ex-couple to share property 70/30 instead it ruled that they share 50/50
  • The wealth in consideration was KSh82M house in Karen, KSh19M apartment in Kileleshwa, treasury bills and two vehicles worth KSh1.1M.

The Court of Appeal has overturned a judgment by the High Court that an ex-couple shares matrimonial property 30:70. The woman was to take 30% of the matrimonial property. 

She appealed this decision asking the appellate court for a 50:50 property split. Justices Daniel Musinga and Fatuma Sichale concurred with her.

The bench ruled that the appellant, JKO, gave monetary and non-monetary contributions to their 35 years marriage. The court established that JKO, who works as a lecturer in the University of Nairobi, gave her ex-husband money to purchase a home in Karen.

It was also established that she would give CKO consultancy contracts as he was in between jobs. The wealth in consideration was a KSh82 million house in Karen, a KSh19 million apartment in Kileleshwa, Treasury bills and two vehicles worth KSh1.1 million.

CKO had asked court to divide the property by a ratio of 84:16. Court observed that JKO had been employed all along in the period they were married whereas CKO was fired from his first job and retired from the second one.

"Would anyone want us to believe that all the years of her hard work amounted to 16% more so when it was never suggested that she had acquired properties in her name? The appellant and the respondent worked very hard to raise their family and to acquire property," ruled the bench.

The Supreme Court delivered a judgment recently that each party in a matrimonial property case must prove their contributions to the marriage. 

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