Why Wakavinye Could Still Win Even if Njugush Transferred Properties to His Mother

This is how Celesstine Ndinda, popularly known as Wakavinye, could still win a legal claim over the property acquired during her marriage to Timothy Kimani alias Njugush, despite the claims that some of their assets are allegedly registered to Njuguna’s mother.

According to lawyer Danstan Omari, under Kenya’s Matrimonial Property Act, property acquired during the period of a marriage is subject to being shared among the couple based on each spouse’s contribution.

This includes both direct financial input and indirect contributions, such as managing the home, supporting business growth, and participating in joint business ventures.

In this context, Wakavinye could move to the High Court of Kenya and seek a determination that certain properties, regardless of whose name appears on registration documents, form part of the matrimonial wealth.

She could Go To Court

Omari said the court would then assess evidence of contribution from both parties before making a ruling on ownership and division of the assets.

“They would bring Njugush’s mother before the court and ask her how she acquired this property,” Omari explains in a video on his social media.

Where property is registered under a third party, such as a parent, the court has the authority to interrogate the nature of that transfer.

“Wakavinye has a big chance to recover properties acquired. What she needs to do is to file for a divorce and then move to court to prove her contribution to the wealth acquisition.”Omari says.

Wakavinye could argue that the assets were acquired using their matrimonial resources and that transferring them would not be fair to her.

In such a case, the burden may shift to the registered owner to demonstrate and prove that the property was a legitimate gift that was obtained independently.

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Property Acquired To Be Proved

The court may also consider whether one spouse can lawfully transfer property that is subject to matrimonial rights without the knowledge or consent of the other.

If it is established that the assets were jointly built, the court could still find that Wakavinye has a beneficial interest in them.

“And if a person pretends to be Wakavinye, that person will be arrested and charged in court for fraud,” he explained.

Additionally, she could seek preservation orders to prevent the sale, transfer, or disposal of the jointly acquired assets while the case is ongoing, which ensures the property remains available for distribution.

Legal Matters

Legal precedent in Kenya has shown that registration alone does not extinguish a spouse’s claim where his or her contribution can be legally proven by the court.

In this scenario, Wakavinye’s case would largely depend on her ability to demonstrate and prove her involvement in the acquisition and growth of their jointly acquired wealth.

Wakavinye could also move to court and say that the properties they acquired together were beneficial to their children.

Property Acquired For Children

If the court proves this, then the assets will be frozen and given to the children after they become adults.

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Omari says that if Njugush, in this case, remains in ownership of the assets, the court will tell him to provide a total amount for the children’s education from early childhood education up to the university.

The lawyer urged Njugush and Wakavinye to resolve their matters amicably and forgive each other.

He quoted the Bible, saying people should forgive seventy times seven times.

While the claims surrounding the couple remain unverified, the law provides a clear pathway through which Wakavinye could pursue her rights and potentially secure her share of the disputed property.

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Danstan Omari is a distinguished advocate practicing at the High Court of Kenya. PHOTO/ Courtesy.