Former Kenyan Commonwealth 10,000-meter champion, Lucy Kabuu, has filed contempt charges seeking to have her ex-husband, Jeremiah Maina, sent to jail.
In the court application, Kabuu accuses Maina of violating court orders regarding the division and management of their properties which has been an issue rooted in a bitter and protracted legal battle.
The application which she submitted through her lawyers on December 3, the athlete said it was a fallout from a court directive issued on July 5, 2015, by Justice Anthony Ndungu.
She noted that the order laid out specific instructions on how the couple’s rental income should be distributed and and according to the directive, Maina was authorized to collect rent from a plot in Nakuru, while Kabuu was entitled to earnings from properties in Umoja, Nairobi, and Bahati Kabatini.
However, Kabuu alleges that Maina has flagrantly ignored the court orders.
“It is true that the plaintiff developed the suit properties in Free Area, Nyandarua/Silibwet 2074, 2075 and 2076 without the consent/approval of the defendant. The illegal structure ought to be forthwith demolished,” the application stated.
Kabuu also claims that her ex-husband has not only blocked court-appointed auctioneers from collecting rent on disputed properties but has also sold some properties despite existing restraining orders.
The celebrated athlete, known for her prowess in long-distance running, also accuses her former husband of mismanaging rental income and failing to deposit proceeds into a court-mandated account.
The 2018 Milano Marathon champion told the court that she took action after discovering her name had been excluded from the list of beneficiaries for the disputed properties.
Kabuu alleges that Maina has gone so far as to develop properties without her approval, a move she deems not only illegal but deeply disrespectful to the court process.
Kabuu’s legal woes, according to reports, are tied to a larger matrimonial case filed in 2014, in which Maina is seeking a 50% share of their property portfolio, valued at over KSh 100 million, asserting that the assets were acquired and developed jointly during their marriage.
But Kabuu vehemently disputes these claims, stating that the properties were purchased and developed using her athletic earnings.
She further alleges that Maina exploited her frequent absence to withdraw substantial amounts of money from their joint accounts under the guise of property investments, adding that she was forced to flee her home in Nyahururu due to physical abuse by her former husband.
The violence, she claims, left her emotionally and physically scarred, making it impossible to reconcile or maintain a joint property arrangement.
In his preliminary ruling, the trial judge, Justice Samuel Mohochi, directed that Maina be served with the application, with the court scheduled to deliver a ruling on January 28, 2024.