Woman seeks to reclaim her matrimonial home secretly sold by her husband

A woman is seeking to reclaim her matrimonial home after her estranged husband allegedly sold it without her knowledge.

Winfred Wambui’s suit at the High Court suggests a conspiracy between her estranged husband, Gibson Kimani, the Rent Restriction Tribunal, and Carol Wanjiku to kick her and her two daughters out of their home in Mihango, Nairobi.

Ms Wambui stated that she was married to Kimani for over 10 years and they jointly bought the property located at Njiru sub-county, with each contributing money for the construction of the two-bedroom house and rental apartments.

However, due to irreconcilable differences, the marriage broke down and there was a pending divorce and children's maintenance case at the Milimani Children's Court.

The Magistrate Court on August 2 issued an order stopping the sale and transfer of any of the property until the case was concluded.

But unknown to Wambui, the man had secretly transferred their home to Ms Wanjiku.

“Wanjiku is a stranger to me. I do not understand how she claims ownership of my home and even went to the Rent Restriction Tribunal claiming that I was a tenant in my own home,” said Wambui.

She alleged that Wanjiku came up with a false tenancy agreement which she used at the Rent Restriction Tribunal to file a case that she had refused to pay rent.

Wambui's lawyer, Harrison Musyoka, submitted that the rent tribunal acted beyond its powers by allowing the application to evict Wambui when there was another order barring the eviction.

Wambui wants the court to overturn the rent tribunal’s order.