From prime property to woman upkeep: A couple's six-year court battle
Crime and Justice
By
Daniel Chege
| Apr 01, 2026
Businessman Samuel Kimani and his former wife Nancy Wanjiku have been in court for six years, battling over the control of their matrimonial property.
The co-directors of Resma Commercial Agency, one of the major real estate and car dealers in Nakuru, divorced on December 19, last year.
But their court battle started on January 29, 2021, when Wanjiku filed for divorce and sought a restraining order against Kimani.
In her petition before Chief Magistrate Bildad Ochieng, Wanjiku wanted Kimani barred from visiting, harassing, threatening, interfering or disturbing her peace.
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She claimed that in their 32 years of marriage since 1989, Kimani have turned cruel and adulterous.
She accused Kimani of being violent, forcing her to report to the police station and seek medical attention in 2019.
“The respondent (Kimani) has been extremely cruel and has threatened me. I fear for my life and I seek dissolution of marriage. He has also had three affairs outside marriage,” she claimed.
While Kimani denied the violence claims, he confirmed that their marriage could not be salvaged as the two had lived separately since March, 2020.
And as the divorce case continued, Wanjiku moved to the High Court and filed a matrimonial property dispute, seeking a share of the estate.
The case filed before Justice Joel Ngugi in 2021 proceeded for about a year before the court advised the two to resolve the matter through mediation.
The couple signed a consent on January 17, 2022, which was adopted as the verdict of the court, and agreed that three prime properties in Nakuru, Nyahururu and Kabazi formed part of the matrimonial property.
“The petitioner shall remain in occupation of the matrimonial home situated in Nakuru,” they agreed.
Further, they consented that all the household goods in the home would be declared to be in Wanjiku’s possession.
Kimani agreed to cater for the family expenses, including security, electricity and water bills, in-patient medical cover for the family and the wages for the gardener and house help.
“Other issues disputed by the two will be referred to the court for determination,” read the consent.
However, Wanjiku claimed Kimani attempted to sell some family business without her consent. She sought orders preserving the properties until the matrimonial dispute was concluded.
Justice Ngugi, in early 2022, granted the orders.
Aggrieved, Kimani moved to the Court of Appeal. However, on February 23, 2024, judges Fredrick Ochieng (deceased), Mwaniki Gachoka and Weldon Korir dismissed his application.
The following year, their divorce case was finalised, with the magistrate issuing the restraining orders.
Ochieng also directed Kimani to pay Wanjiku an alimony of Sh200,000 every month, equal to the amount she was making from Resma when they were married.
But Wanjiku returned to the High Court before Justice Julius Nangea, accusing Kimani of disobeying the magistrate and the High Court orders.
She alleged that Kimani had refused to pay the monthly upkeep and the bills he had agreed to foot, and sought orders to force him comply.
The court will give its verdict on May 6.