A Nairobi court has awarded a woman a 75 per cent share of an Sh18.2 million Karen home, rejecting her ex-husband's bid for an equal split.
Justice Helene Namisi of the High Court's Family Division ruled that the property is matrimonial but that ownership must follow proven contribution, not a default 50:50 formula.
The court gave Joan Atieno Abila three-quarters of the property and left George Amos Odhiambo Oballa with 25 per cent.
The couple married in November 1996 and had three children. They separated between 2000 and 2002, reconciled and split for good in 2014. Their marriage was formally dissolved in December 2016.
Abila told the court she carried the financial weight of buying the home almost entirely on her own.
The property was purchased in 2005–2006 for Sh17 million, a figure that rose to Sh18.2 million because of completion delays and interest penalties.
She said the deposit came from selling a Lang'ata house her parents gave her after her father's death.
Her mother, Sylvia Zilpah Arende Abila, also gave her more than Sh10.3 million in cash gifts. Additionally, she took out a Sh6.16 million mortgage from CFC Stanbic Bank, a Sh1.5 million loan from Utafiti Sacco and a Sh3 million facility from Kimisitu Sacco—all repaid through payroll deductions.
“The plaintiff/applicant stated that the defendant/respondent diverted his income into expensive, unsuccessful political campaigns for the Rarieda parliamentary constituency, leaving her to provide for the domestic upkeep and shelter of the family,” the court heard.
Her mother backed her account in court, saying the money was meant to protect her daughter and grandchildren, not to give her son-in-law a stake.
Abila asked the court to declare her the sole owner, evict her ex-husband and order police protection.
Oballa pushed back, arguing the home was acquired through joint effort and pooled resources, demanding half under Section 14 of the Matrimonial Property Act.
He told the court he worked in senior roles at major companies between 1991 and 2021, including Trade Bank, Caltex Oil Kenya, Agip Oil, Shell, BP and Oryx Energies.
“He claimed that between 2003 and 2012, while stationed in Dar es Salaam, Tanzania, as a regional executive, he remitted funds to the plaintiff/applicant's accounts to service debts, maintain the household and invest in real estate”.
Oballa said he deposited Sh1.5 million in cash into Abila's account in March 2006 to stop a purchase cheque from bouncing, contributed Sh2.53 million from joint savings, remitted foreign currency worth Sh732,350, put in Sh1.2 million from a car insurance salvage, and paid Sh415,000 toward the mortgage in November 2012.
He also claimed he paid Sh3.5 million remaining on the Lang'ata house, producing receipts including one for Sh66,000.
His sister, Eunice Achieng Obala, testified for him but admitted under cross-examination that she knew nothing about the financial dealings or the land purchase.
Justice Namisi found Abila's case backed by documents, including salary deduction schedules showing Sh82,000 monthly payments to Kimisitu Sacco, mortgage documents and records of the Lang'ata sale and parental gifts.
The judge noted that earning capacity is not proof of actual investment, as Oballa failed to produce bank statements showing regular transfers.
However, a signed cash deposit slip for Sh1.5 million dated March 13, 2006, the Sh415,000 mortgage payment, and the Sh1.2 million car salvage were verified, totalling about Sh3.115 million—roughly 17 per cent of the acquisition cost. His claims regarding joint savings and foreign currency were unproven.
The court rejected Oballa's claim to the Lang'ata house—noting that it was given to Abila—and parental gifts belong to the receiving child alone unless clear evidence proves otherwise.
Weighing non-monetary contributions over their 16-year marriage—Abila handling domestic care, mortgage administration, and child raising while Oballa paid food bills, school fees and maintenance—the judge assessed Oballa's total contribution at 25 per cent and Abila's at 75 per cent.
Abila was granted the first option to buy out Oballa's 25 per cent stake based on a market valuation report due within 60 days, with payment required within 90 days.
If she does not, the property will be sold on the open market and proceeds split 75:25.
Oballa was barred from mortgaging, leasing, or selling the land.
“Each party shall retain absolute possession and ownership of the household furniture, equipment and personal effects currently in their physical custody,” Justice Namisi ruled.
Other assets were not addressed as they were not part of the said suit and each side ordered to bear its own legal costs.
