A Nairobi High Court has awarded a Kenyan woman Sh42 million that she stole from her foreign husband after separation.
The woman had filed a case seeking 50 per cent of the property acquired in the period of the marriage.
The couple got married in 1998 and lived in Kenya, Tanzania, Uganda, United Kingdom, China, Combodia, Ethiopia and Indonesia.
They bought three homes; one in Kwale, another in Karen and another in United Kingdom.
The couple also adopted a girl who they raised together until the man left the country in 2012.
In her submissions in a case on matrimonial property, the woman argued that she deserved 50 per cent of the property having quit her job and dedicated herself to supporting her ex-husband’s career an raising their adopted daughter.
NEVER CONTRIBUTED FINANCIALLY
The man, in his submission, argued that his ex-wife only deserves 2.5 per cent of the property as she never contributed financially to acquiring it and was an alcoholic, a claim she denied.
Lady Justice Rose Ougo, in her judgment, awarded the woman the Sh42 million she withdrew from a joint account without her ex-husband’s knowledge. She was also awarded their Kwale home and a car.
On his side, the man was awarded the Karen and the one in United Kingdom, together with one vehicle that he uses abroad and the bank balances in the joint accounts.
“It is not in dispute that when the respondent got various job opportunities abroad the applicant would accompany him. The couple also had adopted a daughter one MV whom the applicant took care of and maintained the home.
“Further, when the parties bought their Karen home the applicant remained behind to oversee the said renovations. All these can be factored in as indirect contribution to the said marriage and should therefore count for something.
“In view of the foregoing, I assess the applicant’s indirect contribution at 20%. In total then I find that the applicant is entitled to a 25% share of the matrimonial property acquired by the parties during the subsistence of the marriage,” read the judgement in part.
The woman, who had been living in the couple’s Karen home after the man left the country in 2010, wanted to retain the property.
She will however benefit from treasury bills purchased for Sh7.5 million in 2011 with an estimated current value of Sh63 million.