Couple ordered to share property equally as 45-year union dissolved

A man and his former wife have been ordered to share their property equally.

The ruling by the High Court in Nakuru followed an application by the woman seeking a share of the property after their marriage of 45 years was dissolved on November 31, 2010.

The woman argued she deserved an equal share of all properties she claimed they jointly acquired.

In her suit, the complainant cited plots in Nakuru and Kericho, some of which she accused her ex-husband of selling behind her back, including business premises.

Initially, the woman had told court she grew maize on leased land while her husband was a teacher earning Sh223 per month. This was before they bought their first property in 1968 using proceeds from the sale of farm produce, she said. This was 5.6 hectares in Kericho where they decided to put up their home.

She told the court her husband was transferred to Kipkabus in the current Uasin Gishu County as she engaged in large-scale farming on their Kericho farm where she kept dairy cattle. The woman claimed all the money realised through the supply of milk to Kenya Co-operative Creameries in Eldama Ravine went to her husband's personal account at Barclays Bank.

Later, they bought another 2.4 hectares in Kericho and 2.9 hectares in Sorget where she grew pyrethrum and kept sheep.

She said her husband bought a residential house in Nakuru in 1977 using a loan which he serviced using money from her farming. They had earlier, in 1973, bought more land from Subukia Farmers Society in Nakuru County.

She said they were separated by ethnic clashes in Timboroa and her husband moved to Kericho alone. She accused him misusing their property, including selling trees.

In her suit, she also cited a house in Nakuru which her husband reportedly rented out after he retired in 1995.

The man reportedly used family resources to acquire a house in Njoro-Ngata, Nakuru, where he allegedly lived with his second wife and three children.

She accused him of selling their properties in Nakuru for Sh700,000 and refusal to share the proceeds.

However, the man had denied claims they acquired the property jointly. He told the court he acquired the property using loans and his shares at Subukia and Mugumoini co-operative societies.

He said his accuser was only a housewife and never worked to generate income as she claimed.

For instance, he said, he acquired a 1.5-acre parcel in Eldoret Town before they got married in 1963. However, he said, the Government later acquired the land and was given Sh55,000 as compensation. He used the money to offset loans.

He said the property in Sorget, Kericho, was unproductive. "My wife tried to farm but the earnings were too little," he added.

The man accused his former wife of ganging up with her children to harass him. He accused them of breaking into one of his houses and stealing ownership documents for his plots in Kericho, Kabatini and Nakuru.

The court said while the man had no problem sharing the property, the couple disagreed on the percentages. The woman wanted the property shared on 50-50 basis but the man wanted to give her 15 per cent.

The man also wanted all the evidence presented in court, including receipts of milk sales, disregarded.

The court said matrimonial property referred to both monetary and non-monetary contribution, including domestic work and management of the home, child care, companionship and farm work.

In a judgement on June 25, last year, the court directed that each party should get 50 per cent of the property.