Marathoner Kabuu secures Sh70M in matrimonial estate dispute

Marathon star Lucy Kabuu has won a matrimonial estate dispute against her ex-husband Jeremiah Maina, after 12-years of wrangles both in and out of court.

Kabuu and Maina have been fighting over control of the estate estimated to be worth over Sh70 million, with Kabuu claiming the majority share, while Maina is seeking 50 per cent of the property.

However, in his ruling, Judge Samwel Mohochi declared that the court was satisfied that Kabuu was the financial muscle of the marriage that existed between 2009 and 2014.

He ruled that Maina not only rode on Kabuu’s earnings from her winnings in Marathon she competed in Dubai, London, Chicago and Tokyo, but also betrayed her trust.

“The defendant’s (Kabuu) trust was betrayed by the plaintiff (Maina). Her financial strength was exploited and equity demands that she be protected,” ruled Mohochi.

The court exclusively granted Kabuu ownership of a five-floor rental flat in Umoja, ruling that she demonstrated her financial input in its development.

“The properties in Bahati, Free Area, Matukanio and two in Nyandarua will remain exclusively in her name, having provided clear records of direct purchase,” ruled Mohochi.

Owing to non-monetary contribution, Mohochi ruled that their matrimonial home in Nyahururu will be shared between the two, with Kabuu getting an 80 per cent share, while Maina gets 20 per cent.

Mohochi, noting that Maina had disobeyed the court order and sold at least five matrimonial properties, while the case was going on, ruled that the same would be deemed as part of his share.

The judge directed Maina to transfer any property registered in his name to Kabuu, within 60 days.

The court exposed Maina as a parasitic ex-husband who misrepresented himself as the family’s breadwinner, despite knowing too well that Kabuu was a major contributor.

The judge noted that Kabuu proved that she made at least Sh17 million between 2012 and 2013, when she won medals and prizes for her marathon, and entrusted Maina to manage her finances.

He pointed out that, despite claims, Maina did not prove how he acquired the property he claimed to have owned, using a police salary of approximately Sh32,000 per month.

“Both were police officers, but Kabuu, the 2006 Commonwealth 10,000 metres champion, distinguished herself as a renowned athlete. Maina could not prove that he was a farmer, businessman, or contractor,” ruled Mohochi.

The court revealed that upon scrutiny of Maina’s evidence of acquisition, glaring discrepancies emerged in his testimony, casting doubt over his contribution.

For instance, Maina had claimed that he purchased a property in Nyahururu for Sh655,000 through a sale agreement of October 31, 2012, using money from a vehicle he sold earlier, dismissing the claim that Kabuu bought it using money from the London Marathon.

However, evidence by the National Transport and Safety Authority (NTSA) showed that by September 6, 2013, the vehicle was still in his name, a glaring impossibility.

Maina had also alleged that he sold another vehicle on October 22, 2013 and on the same day, purchased a family property in Nyandarua. However, records show the vehicle was sold on December 27, 2012.

Further, Maina admitted that he sold at least five properties, and even asked for forgiveness from Kabuu, saying he did the same to improve the property at Free Area.

“The accounts of his events do not seem to align. Other records exposed him and undermined his credibility, reflecting poorly on his reliability and casting doubt on his contribution claims,” ruled Mohochi.

Mohochi ruled that Maina’s claims were riddled with contradictions and discrepancies, proving plainly that he unfairly inserted himself as the custodian of Kabuu’s finances and overseer of her projects. At the same time, she laboured in training and competitions.

Although Maina claimed he financed property acquisitions through the sale of vehicles and properties, evidence showed that the vehicles and properties were either not registered in his name at the material time, were registered in his name after the alleged sales, or had been transferred to a third party before the dates he alleged.

“Instead of honouring trust bestowed on him, he misrepresented the acquisitions, disposed of properties in defiance of court orders and failed to account for monies entrusted with him,” said Mohohi.

He declared Maina’s conduct as parasitic, where he fed off Kabuu’s sweat and, in so doing, wronged her gravely and exploited her weaknesses.

“Maina further demonstrated a lack of respect in the judicial process when he disobeyed court orders, manipulating the property to his advantage,” ruled the judge.

The court also ruled that reality proved that Maina’s salary as a police officer, coupled with his vague assertions of being a businessman, could not support the scale of acquisitions he purported to have made.

The judgement ended a 12-year dispute between the former couple, who separated in 2014. Their divorce was finalised in 2020.