Woman sues estranged husband over sale of Sh25 million property

A woman has sued her estranged husband for allegedly selling Sh25 million matrimonial property without her consent.

Rosa Cheruiyot has accused her husband, Richard Ruto, a retired employee of East Africa Tanning and Extract Company Limited of selling the five acre prime property located in Uasin Gishu county to Ben Chumo, former Kenya Power Managing Director.

In a case filed before Justice Reuben Nyakundi of Eldoret High Court, Ms Cheruiyot has accused her husband of entering into a sale agreement with Chumo, for their matrimonial property which she claims they accumulated together 25 years ago.

"My husband, without my knowledge, sold and transferred the parcel of land known as Pioneer/Ngeria Block 1 ( EATEC ) 3531 to Ben Kipsang Chumo despite the fact  that it is our matrimonial property,” she said in her court papers.

Cheruiyot wants the court to help her repossess the disputed property saying it was her only source of livelihood and further claimed that her husband had abandoned her together with their four children.

She told the court that they were married under Kipsigis customary law and her husband paid dowry in September, 1986.

However, their union started experiencing problems four years ago leading to separation.

Cheruiyot dismissed claims by Ruto that he acquired the property in 2011 with his second wife, Diana Chepkoech.

She maintained that the land was purchased sometime in 1999 and they have been occupying and cultivating it until late 2020 when her husband decided to sell it.

Cheruiyot further averred that she was not privy to the said marriage between her husband and alleged second wife.

She wants the court to declare that the suit property is matrimonial and grant her possession saying that they acquired it together from Lonrho Agribusiness East Africa.

In his defense, Ruto said that he knew the applicant for the first time in 1984 and they started an on and off relationship where they were blessed with four children.

He claimed that he has never concluded marriage arrangements nor has he paid dowry in full for Cheruiyot as dictated by the Kipsigis customary law.

"My on and off relationship with the applicant has never been peaceful or enjoyable and no substantive contribution has ever been made by her to my acquisition of any property that I own," argued Ruto.

He said that Chepkoech whom he married in 2008 helped him acquire some property including the disputed suit property with the intention of establishing a matrimonial home.
Ruto alleged that he has never fully settled on the suit property with his wife due to the applicant's trespass, interference and hostility.

"I made the decision to sell the land to Chumo who has since acquired an absolute possession of property and had the same transferred in his favor to enable us to source for another property where we could establish a home and live in peace," he said.

He said that despite their differences with the applicant, and for the best interest of his four children, he acquired a property measuring  0.5 acres, Pioneer Ngeria/Block1/24 and transferred the same to her to hold in trust for the children.

"I have also constructed a building and bought a posho mill to be used by the applicant to generate income for her own benefit and that of the children's needs," argued Ruto.
Chumo told court that in January 2020, Ruto who was a member of his church approached him with an offer to sell land.

He claimed that they agreed on the purchase price of Sh25 million and an agreement was executed to that effect.

"Subsequent to the execution of the sale agreement, I paid a deposit of Sh3 million to Ruto and deposited the balance of Sh22 million with our advocate which amount was subsequently paid to Ruto whereupon the title was transferred to me," said Chumo.

The former Kenya Power MD stated that he was now the sole indefeasible owner of the said title and he has developed the suit property.

He described Ruto as a very responsible man and he believed his decision to sell the land to him was made in the best interest of his family.