The High Court in Nakuru has awarded a wife 80 per cent of the matrimonial property after determining that she was the main financial contributor to the marriage.
Justice Samuel Mohochi ruled that the woman, a professional athlete, provided the bulk of the funds used to acquire the disputed assets through her marathon earnings, police salary and rental income.
The husband was awarded a 20 per cent share after the court found that although he made non-financial contributions to the marriage, he failed to prove significant financial involvement in purchasing the properties.
The court held that matrimonial property should be divided based on each spouse’s proven contribution, whether financial or non-monetary.
During the case, the wife told the court that she entrusted her husband with managing her finances while she focused on training and competing in international marathons. She said she gave him access to her bank cards and prize money, including earnings received in foreign currencies.
According to the judgment, the husband deposited much of the money into accounts under his control before using the funds to acquire various properties.
However, after reviewing bank records and witness testimonies, the court found that the husband could not account for the funds entrusted to him and failed to demonstrate that he had generated the money used to purchase most of the disputed assets.
Justice Mohochi noted that while the husband managed the wife's finances and oversaw some projects, the evidence showed that the majority of the wealth accumulated during the marriage came from the wife's earnings.
"The Plaintiff rode on the Defendant's athletic triumphs, inserting himself as the custodian of her finances and overseer of her projects while she laboured in training and competition," the judge stated.
The judge further described the wife as the financial backbone of the marriage, noting that her trust had been abused and that equity required her interests to be protected.
"The defendant was the financial muscle of the marriage. Her trust was betrayed, her financial strength exploited, and equity demands that she be protected," Justice Mohochi added.
The court also criticised the husband for disposing of some of the disputed properties while the matter was still before the court despite existing orders preserving the assets.
Justice Mohochi said such actions undermined the fair division of matrimonial property and appeared aimed at giving one party an unfair advantage.
The ruling highlights that Kenyan law recognises both financial and non-financial contributions made by spouses during marriage. However, the final distribution of matrimonial assets depends on the evidence presented regarding each person's contribution.