The vicious matrimonial property battle pitting marathon star Lucy Kabuu and her ex-husband Jeremiah Maina is now headed to the Court of Appeal.
This is after Mr Maina challenged the High Court ruling in favour of Ms Kabuu, awarding her the majority share of the property in a ruling delivered on February 24.
The court granted Ms Kabuu an absolute majority of the share of the Sh70 million worth of property which Mr Maina had sought to get an equal share.
The court gave Kabuu the exclusive ownership of a five-floor rental flat in Umoja, properties in Bahati, Free Area, Matukanio and two in Nyandarua having provided clear records of direct purchase.
The matrimonial home in Nyahururu was shared between the two, allocating Kabuu 80 per cent share, while Maina 20 per cent.
The judgement faulted Maina for disobeying orders by selling at least five of the properties which the court ruled that will be deemed to be his share.
However, aggrieved by the ruling, Mr Maina filed a Notice of Appeal indicating his intention to challenge the decision.
In his application for stay of execution of the judgement orders, Mr Maina claims to have filed a notice of appeal challenging the entire judgment delivered by the court.
In the document before the court Mr Maina, an ex-police officer faulted the orders by the court which he claims were unfair and failed to consider his evidence.
He pointed out that the judgement orders, if executed, will render him destitute and unable to afford the government’s Universal Health Cover and other emergency health care which will put his life at risk.
Mr Maina also said he would have no other source of income should the rental income from the property be cut off.
“The applicant has three children who are currently in school and entirely depend on the rental income from the plot in the Free Area for their fees and upkeep. The respondents intended execution of the orders will result in the immediate expulsion from schools and basic needs in contravention of their constitutional rights,” Mr Maina states in his application.
Mr Maina holds the view that was unfair for the court to give 100 per cent share of the Free Area plot to Ms Kabuu, while disregarding his effort in solely footing its development.
Regarding the plots in Silibwet, which the court faulted Mr Maina for selling them against court orders, the former police officer claimed the funds from the sale were used to develop the plot in Free Area which the court award Ms Kabuu.
Mr Maina also faulted the court for failing to consider the fact that he was a man of means before entering into a marriage with Ms Kabuu based on the land title deeds he produced before court which were registered in his name even before their marriage.
“I entered the marriage as a person with substantial independent means, owning several properties long before the respondent’s athletic career commenced. Furthermore, in 2014, I made a significant professional sacrifice when I retired from the Kenya Police Service specifically to manage and coach the respondent,” Mr Maina says in his application.
The court, upon considering the application, issued a temporary order of stay of execution pending hearing and determination of the appeal.
Mr Maina was ordered to file and serve Ms Kabuu with his documents before the matter is mentioned on April 14 before the court sets the hearing date.
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