Renowned businessman ordered to pay ex-wife Sh300,000 upkeep

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Prominent Nakuru businessman Samuel Kimani has been ordered to pay his ex-wife, Nancy Wanjiru, Sh300,000 in maintenance costs within the next 60 days.

Judge Julius Nangea has also ordered Kimani to deposit Sh400,000 with the High Court in Nakuru as security for costs, pending his appeal challenging the upkeep cost.

Kimani and his wife were co-directors of Resma Commercial Agency, one of the major real estate and car dealers in Nakuru. They divorced on December 19, 2025.

Nangea issued a stay on the execution of a magistrate's court order directing Kimani to pay Wanjiru alimony (spousal maintenance) of Sh200,000 every month, equal to the amount she was earning from Resma when they were married.

“The stay is awarded on conditions that Sh300,000 be paid to the former spouse and Sh400,000 be deposited in the court,” ruled Nangea.

In the event Kimani fails to honour the conditions, Nangea ruled that the stay orders would lapse and the cost of his application would abide.

Nangea issued the orders, despite noting that Kimani had filed the application one year after the maintenance order was issued by Chief Magistrate Bildad Ochieng, now deceased, in 2025.

“The stay application was brought over one year after the impugned order, and the delay has not been explained. To that extent, the court is dissatisfied,” he ruled.

The judge noted that Kimani did not clearly express a willingness to pay the security for costs, and that it was necessary to impose it.

Further, the court identified contrasting claims regarding Wanjiru’s ability to take care of herself; while Kimani said she had means, Wanjiru insisted she was unemployed.

“Having considered the matter comprehensively and in the balance for the interest of both parties, the court arrived at the above orders,” ruled Nangea.

In his stay application through Lawyer Hilda Oseko, Kimani said the magistrate's court erred in ordering him to pay Wanjiru's monthly upkeep.

“There were a lot of defects because the orders were issued in a divorce case after the marriage was dissolved,” he deposed.

He claimed that Wanjiru would suffer no prejudice if the maintenance costs were temporarily suspended, pending the appeal.

In response, through Lawyer Elizabeth Mukira, Wanjiru said she would be prejudiced because she relied solely on alimony income, which her ex-husband had consented to.

“He is financially stable, controls the family company and can comfortably pay the alimony. However, I am unemployed, and I used to rely on the company’s income before the divorce,” she averred.

She added that once they were divorced, Kimani kicked her out of the company.

“He failed to comply with temporary orders issued on August 29, 2024, directing him to pay me monthly maintenance of Sh50,000, pending hearing and determination of the divorce case,” she said.

According to Wanjiru, Kimani owed her Sh750,000, arising from Ochieng’s order and a further sum of Sh400,000 with respect to the alimony order as of January 16, 2026.

If the court were inclined to grant the stay order, Wanjiru submitted that Kimani should deposit Sh1.35 million as security for costs, being the arrears owed on account of the two orders.

“The decree for dissolution of marriage cannot be stayed because it also included a restraining order, barring him from harassing me or interfering with my peaceful possession of the matrimonial estate,” Wanjiru pointed out.

The two have been in court for over six years, battling over the control of their matrimonial property.

Their court battle commenced on January 29, 2021, when Wanjiru filed for divorce and sought a restraining order against Kimani, claiming their 32-year marriage had broken down.

The two signed a consent on January 17, 2022, and agreed that all the household goods in the matrimonial home would be declared to be in Wanjiru’s possession.

Kimani agreed to pay for the matrimonial home security, electricity, and water bills, in-patient medical cover for the family, and the wages for the gardener and house help.

The case will be mentioned on July 15 to confirm compliance and for further directions.