High Court declares house bought during courtship not matrimonial property, awards expatriate sole ownership

The High Court in Nairobi has ruled that a house bought by a couple during their courtship does not count as matrimonial property, awarding sole ownership to the expatriate man. Justice Robinson Ondieki Kebabee of the Milimani High Court Family Division stated that House No. 52 at Riverfront Estate, which is Title No. 28318/16 in Ruiru, was purchased before the couple was married.

The former wife, Gladys Kinanu, failed to prove any contribution towards the purchase of the property. The court found that the property was bought by Fletcher Alexander Tembo before they got married, with a sale agreement executed on July 23, 2019, and the final instalment paid in June 2021. Tembo, who was an expatriate at the time, paid the purchase price.

Kinanu's contribution was non-monetary and did not establish any beneficial interest in the house. The court emphasized that the division of matrimonial property should be based on fairness and conscience, not a fixed 50:50 split. The judge found that the property should be registered in Tembo's name, and Kinanu was ordered to execute a unilateral liability release agreement to discharge any claim on the property.