Former athletics star Lucy Kabuu and her ex-husband and coach Jeremiah Maina want each other punished for alleged contempt of court.
The two want Judge Samwel Mohochi to find each other guilty, for allegedly disobeying court orders, stopping interference with matrimonial property estimated to be worth over Sh70 million.
Kabuu and Maina have been in court since 2014 with the athlete wanting control of the entire property while Maina wants the same to be shared equally.
In his application, Maina accuses Kabuu of disobeying court orders that stopped her from collecting rent from a residential plot in Silibwet, Nyahururu.
"The applicant (Kabuu) has admitted in her testimony and documents that she has been collecting rental income, despite the court ordering that the same be collected by Legacy Auctioneers," he submits.
He notes that Kabuu, deliberately left out the details in her contempt of court application against him, filed in November 2024.
Further, Maina points out that a reviewed order issued on February 5, 2020, directed all rental income from the matrimonial estate in Nairobi and Bahati to be deposited in the court.
"The court must ask itself if the applicant has complied with these orders and if not, could she then be cited for contempt of court?" he submits.
Maina defends himself against the claim that he sold matrimonial property, despite injunction orders.
He states that sale of some of the properties mentioned by Kabuu were sold between 2014 and 2015, way before the court orders were issued.
He states that Kabuu has not produced evidence to show that he disobeyed court orders and even goes ahead to state that it is her mere insult campaign against him.
He says that he has disobeyed all the court orders and it is Kabuu who has been disobeying them in a bid to delay the case that has been in court for 11 years while she continues to enjoy the property.
"Will it then be prudent for this court to grant her further orders despite being guilty of flaunting orders from this court?" he wonders.
"The application is in bad faith, based on half-truths, and therefore a waste of court time. The court should cite her for contempt which she has admitted to," he states.
Maina's response followed Kabuu's application for contempt against him. She wants Mohochi to rule that Maina is guilty of contempt and jail him for at least six months.
According to Kabuu, Maina has fraudulently and illegally sold some matrimonial property despite an active court order restraining the same
In contrast, the marathoner states that it is Maina who unlawfully directed the tenants of the plot in Nyahururu, not to remit their rent to Legacy Auctioneers as ordered by court.
She claims that he has been collecting the rent and has not deposited the same into the court's Bank Account since 2018.
The 10,000 metres gold medalist wants the court to compel Maina to deposit into the court's account, rent in arrears dating from 2018 to date for the Nyahururu property.
Kabuu wants 100 percent of the matrimonial property, on the basis that she accumulated it alone. Maina insists that the property was jointly acquired.
Maina and Kabuu were together from 2009 to 2014, but their marriage took a turn when Maina moved to court in 2014 to file for divorce.
As the legal battle unfolded, Kabuu faced another setback in her career when she was suspended from athletics in August 2018 after failing a doping test. After years of legal proceedings, their divorce was finally finalized in 2020.
Their marriage was dissolved in 2020 after the court ruled it was irretrievable.
The property includes prime plots in Nakuru, Nyandarua, Laikipia, and Nairobi, commercial and residential properties, motor vehicles, and parcels of land in other parts of the country.
The hearing will continue on April 12.
