Former athletics star Lucy Kabuu has filed an application in court seeking to have her ex-husband Jeremiah Maina jailed for contempt of court.
Kabuu says Maina disobeyed a court order that stopped him from interfering with their matrimonial property. The duo have been fighting in court since 2014 over control of property estimated to be worth over Sh70 million. Maina was Kabuu’s coach during her heydays in athletics.
In her application filed on Wednesday, Kabuu wants Justice Samwel Mohochi to find Maina guilty of contempt and jail him for at least six months.
According to Kabuu, Maina has blatantly and continuously failed to comply with the orders of the court and has interfered with the matrimonial property.
“The plaintiff (Maina) has fraudulently and illegally sold some matrimonial property despite an active court order restraining parties from disposing of any of the property. He has also not consulted me,” she submits.
The marathoner states that Maina unlawfully directed the tenants of a plot in Nyahururu, not to remit rent to Legacy Auctioneers from the year 2018 as ordered by the court.
She claims that he has been collecting the rent and has not deposited the same into the Courts Bank Account since 2018, despite the court ordering the same.
The 10,000 metres gold medallist wants the court to compel Maina to deposit into the court’s account, rent in arrears dating from 2018 to date for the Nyahururu property.
She wants the hearing of the main suit to be halted until Maina fully complies with the existing court orders. Further, she wants the court to order individuals who have fraudulently bought or occupied any of the matrimonial properties to vacate.
“Illegal structures Maina has set up in the matrimonial premises at Free Area, Nyandarua Silibwet, be demolished as the same were put up without my approval,” she deposes.
According to Kabuu, a court order by consent, dated June 19, 2015, restrained either Maina or herself from selling any matrimonial property, until their case is determined.
The order, seen by The Saturday Standard, was issued by Justice Anthony Ndung’u. The same court issued orders on rent collection by Legacy Auctioneers in July 2018 and February 2020.
“The plaintiff hindered the auctioneers from collecting the rent and he has failed to deposit the rent he collects into the court's account,” she notes.
She says that if the hearing continues before Maina purges the contempt, then she stands to suffer irreparable harm.
Kabuu also claims that she applied after realizing that her name was missing from the list of beneficiaries and on the distribution list of the matrimonial property.
Kabuu’s application was filed the same day she was supposed to be cross-examined by Maina’s lawyer after she gave her testimony last month. She wants to get 100 per cent of the matrimonial property, on the basis that she accumulated it alone while Maina wants 50 per cent share of the property. Maina insists that the property was jointly acquired.
Their marriage was dissolved in 2020 after the court ruled it was irretrievable. The court will rule on the issue on January 28.
