How Waruguru schemed to make lover disinherit wife, children

Former Laikipia County Woman Representative Cate Waruguru is on the spot after the High Court ruled that she allegedly played a central role in a scheme that saw a man transfer six prime Mombasa and Nairobi properties to a company linked to her, disinheriting his wife and three children.  

In the judgment delivered on September 17, 2025, Justice Gregory Mutai of the Mombasa High Court found that Waruguru and businessman Peter Njogu Waweru, with whom she is alleged in court to have had a romantic affair, fraudulently transferred properties worth hundreds of millions into Rock & Pure Limited, where Waruguru reportedly holds a 70 percent controlling stake.

The court found that the move was executed secretly without spousal consent from Waweru’s then-wife, Zipporah Njoki Kangara, sparking a four-year protracted legal battle that has now redefined Kenya’s matrimonial property jurisprudence.

Justice Mutai's decision has exposed what he described as a “clever ruse” by the two lover birds Waweru and Waruguru, to disinherit Waweru’s wife,  Njoki, of their multi-million shilling matrimonial properties both in Nairobi and the coastal regions.

According to court papers, Njoki and Waweru tied the knot in a church wedding at Rock City Garden in Buruburu, Nairobi County, on November 20, 2010. 

Their marriage produced three children, all girls. 

She testified that the couple later acquired parcels CR43865, CR43991, CR43992, CR44515, and CR44516.

 At the time of the celebration of the marriage, the properties had not been purchased, and the couple lived together at VOK in Mombasa

The couple, after acquiring the properties in 2014, built a lavish matrimonial home, LR No. 43865 in Utange, Bamburi, with Njoki telling the court she personally oversaw its construction.

“I supervised the construction, did the interior design, and even went to China to buy materials. I made both monetary and non-monetary contributions,” Njoki told the court.

She explained that her contributions included a loan, personal savings from her job at the Kenya Bureau of Standards, and dividends from her company, Sunrise Investments Ltd.

She said the home was their sanctuary, and the adjacent properties, CR43991, CR43992, CR44515, and CR44516, were part of their family investment portfolio.

But in 2021, Njoki discovered that all the properties had been transferred without her knowledge to Rock & Pure Ltd, a company incorporated just months earlier in June 2020, with Waruguru holding 70 percent and Waweru 30 percent.

“I did not give any spousal consent in respect of the said transfers. The transfers were fraudulent and meant to lock me and my children out,” Njoki said. 

She told the court that since Waweru abandoned the family, she had been solely responsible for their upkeep.

According to Njoki, her marriage to Waweru was also dissolved after the decree absolute was issued in the Divorce Cause No. 145 of 2021. 

Following the divorce, she also filed a children's case at Tononoka Children''s Court in respect of which there is a pending appeal.

Njoki, in her testimony in court, further tendered intimidation evidence of Waruguru, recounting a chilling incident when the former MP allegedly visited their matrimonial home.

"The 4th Respondent (Waruguru) intimidated me by spilling liquids in our home when she visited in the company of the 3rd Respondent(my former husband Waweru), while saying that she was casting out demons," Njoki testified.

She accused her estranged husband of having assaulted her during the visit with the politician.

Her lawyers, Derrick Odhiambo & Company Advocates, argued that the scheme was a calculated attempt to dispossess her.

Evidence adduced in court shows that the multi-million shilling properties had a caution registered by Njoki. 

However, with the influence of Waruguru, the same were secretly and fraudulently transferred by Waweru to Rock & Pure Limited, without the wife’s knowledge. 

In a bid to conceal the transactions and deny Njoki access, the properties were allegedly sold to Patricia Nyambura, who purchased them from Rock & Pure. 

“The transfers were done secretly despite a caution on the titles. The law under the Matrimonial Property Act and Land Registration Act demands spousal consent,” Odhiambo submitted.

Waweru, however, dismissed his ex-wife’s claims.

He admitted in court to transferring the properties but argued they were never matrimonial.

“The Utange home is not matrimonial. Had it been, I would have registered her as co-owner, something I didn’t do,” he testified.

He insisted the properties were solely purchased by him, adding that they were later sold to a third party.

“The properties are now in the name of Patricia Nyambura, who purchased them from Rock & Pure. Spousal consent was unnecessary since the property was mine,” Waweru said.

He portrayed Waruguru not as a romantic partner but merely a “business partner,” denying allegations of collusion.

Represented by lawyer Mr Obonyo, Waweru and Waruguru argued that Kangara had failed to prove any financial contribution.

“Her(Njoki's) testimony was inconsistent. She wants to enrich herself without evidence of direct contribution,” Obonyo submitted

But Njoki's legal team argued that all properties acquired during coverture must be treated as matrimonial, whether or not her name was on the title.

They relied on Section 2 of the Matrimonial Property Act, which defines contribution to include domestic work, childcare, companionship, and management of family business.

“The spousal consent should have been obtained before the transfers. Failure to do so rendered the transfers unlawful, null and void,” Mr Odhiambo submitted.

On the other hand, Waruguru and Waweru’s lawyer, Mr Obonyo, dismissed Kangara’s case as speculative.

After weighing the testimonies and submissions, Justice Mutai faulted the transfers, finding that Njoki's account was credible and terming scheme by Waruguru and Waweru fraudulent.

He noted that Rock & Pure Ltd was incorporated in June 2020, with Waruguru holding a 70 percent stake and Waweru 30 percent, and that the transfers were executed in April 2021, despite a caution lodged by Njoki in November 2020.

“The transfer to the 1st Respondent (Warufuru's firm) appears to have been a clever ruse to put the properties beyond the reach of Njoki,” ruled Justice Mutai.

The judge  declared the transactions by Waruguru and Waweru “fraudulent, null and void, and of no effect.”

He held that Njoki had made both monetary and non-monetary contributions, including homemaking, childcare, and supporting the family business Sunrise Investments.

“Since the Court cannot establish the exact contribution of each spouse, the correct approach is to find that each spouse is entitled to 50 per cent of the same. Equality is equity,” he said.

The judge also emphasized that spousal consent is an overriding legal requirement under Section 28 of the Land Registration Act.

 In his judgment, Justice Mutai declared the transfers of the five Mombasa properties and  and a Nairobi parcel fraudulent, null and void, and of no effect.

“Spousal consent is required before a spouse can sell a matrimonial property. In the absence of such consent, the sale is null and void,” the judge stated 

He noted that, despite the caution placed by the Njoki, it was lifted unprocedurally. 

She had never removed the caution, nor had the Court ordered its removal, and neither had it been withdrawn following a formal demand to the cautioner.

"Under the circumstances, I find and hold that the suit properties, that is to say, CR 43865, CR 439991, CR 43992, CR 44515, CR 44516, and Title No Nairobi/Block 83/672, are matrimonial properties."

Justice Mutai also condemned the Mombasa Land Registrar, noting that the office had clearly failed in its duties and permitted fraud to occur. 

He ruled that the Registrar of Lands must now take responsibility by restoring the titles of the said properties to the Waweru, and with his ex-wife Njoki’s interest duly noted. 

Given that the couple is divorced, the court further ordered that the properties be valued within 60 days and sold by public auction within 30 days thereafter, with the proceeds shared equally on a 50:50 basis between Njoki and Waweru.

"Since the Claimant(Njoki) and the 3rd Respondent(Waweru) are no longer spouses, I order that the properties be valued within 60 days of the date hereof. The property shall be sold by way of public auction within 30 days thereafter. The proceeds shall be shared 50:50 between the Claimant and the 3rd Respondent," the judge ordered

Emphasizing the principle of matrimonial property law, Justice Mutai noted that spousal consent is a mandatory requirement before one spouse can sell a matrimonial property, and in its absence, any such sale is illegal.

With the hammer of justice falling firmly in her favour, Njoki’s victory is not just personal; it is a milestone for many Kenyan women caught in the complex intersections of marriage, property, and power.