Nakuru Water and Environment Executive Nelson Mara wants his ex-wife Feleria Chebotip, a former teacher, blocked from the matrimonial property.
Dr Mara in his application filed before Justice Hillary Chemitei claims Chebotip is not entitled to any of the matrimonial property after she abandoned him and their children.
Mara accuses Chebotip of being violent and cruel, and even threatening to kill him.
"I moved to court and managed to obtain restraining orders against the applicant (Chebotip), after she abandoned me and our children in October 2020," he states.
He adds that he also filed a divorce case that succeeded on November 26, 2021, when their marriage of 25 years was dissolved.
"She deserted me and our matrimonial home, denying me conjugal rights. She was a drunkard and on several occasions left our children under my custody," he says.
He adds that his attempts to resolve the matter were met with cruelty and unfaithfulness from Chebotip.
Mental anguish
He further adds that he suffered mental anguish, pain and embarrassment, adding that their marriage was in disharmony.
Mara denies the claim that Chebotip is entitled to half their matrimonial property, including a school in Njoro, Nakuru, estimated to be worth Sh50 million.
He wants the court to dismiss Chebotip's application, where she seeks half the matrimonial property.
In her case, Chebotip accuses Mara of locking her out of the matrimonial property they had accumulated since 1997.
She claims she deserves to be granted half of the matrimonial property.
"The court should rule that all properties were acquired by our joint efforts, direct that they be shared equally between us and grant me possession of the matrimonial home," she submits.
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Chebotip claims Mara removed her as a co-director of the Sh50 million school in Njoro, Lord Egerton Academy.
She adds that Mara evicted her from their matrimonial home in Njoro after their marriage was dissolved.
Court records show that Chebotip entered into an African-Christian Marriage with Mara on April 12, 1997, when she was 25 and Mara, 27.
The two were blessed with seven children, but lost two in a road accident that caused their third child, who survived to be in need of special care after sustaining a brain injury.
According to Chebotip, the two accumulated wealth together, including six properties in Njoro, the school, a land in Kampi ya Moto, a dairy unit and a meat unit hosting cows and goats and vehicles.
She says she quit teaching in 2013 as a Teacher Service Commission (TSC) member, and took up the directorship role in the school she owned with Mara.
The two had in 2022 tried to resolve the matter outside court but it failed.
The case will be mentioned on July 18 this year.