A woman from Nakuru was left devastated after learning that her husband had secretly sold their family home while she and their children were still living in it — a move later upheld by the Court of Appeal.
The dispute involved Francis Ngata King’ori and his wife, Leah Wangui Ngata, who were married in 1970 under Kikuyu customary law. The couple lived together for over 30 years and raised five children during their marriage.
For 17 years, the contested house served as the family’s home, where Leah lived, raised the children, and carried out daily household activities, firmly believing the property belonged to the family.
Unknown to her, however, her husband went ahead and sold the house for Sh1.1 million without informing her or seeking her consent. At the time of the sale, Leah and her children were still occupying the home.
Her situation took a dramatic turn when a stranger appeared at the property, claiming ownership. He reportedly demanded rent and warned that she and her children would be evicted if they failed to comply.
Distressed by the development, Leah moved to court in a bid to block the sale, arguing that the house was matrimonial property and that she had a right to be consulted before its disposal.
She told the court that she had contributed to the family’s wellbeing through farming, small businesses, and managing the home while her husband worked, insisting that her long-term role in the household entitled her to protection under the law.
The case eventually reached the Court of Appeal, where judges ruled against her. The court held that a spouse may lawfully sell property registered in their own name without the other spouse’s consent if the non-selling spouse fails to prove direct or indirect financial contribution to the acquisition or development of the property.
In their judgment, the judges stated that marriage, long-term occupation, emotional attachment, and domestic contribution alone do not automatically confer ownership rights over property under Kenyan law.
The ruling has sparked debate, highlighting the legal risks faced by spouses who rely on marital trust without ensuring formal ownership or documented contribution to family property.
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