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Woman who ‘co-habited’ with Muthama files lawsuit against Senator

By ABIUD OCHIENG December 6th, 2014 2 min read

A woman claiming she had lived with Machakos Senator Johnstone Muthama as her husband in Nairobi for more than ten years has filed a suit claiming a share his property.

Mrs Joyce Nzisa alleges that she got married to the senator in April 1978, and they had their matrimonial home in various places the last being in Lavington, Nairobi. She also claims they were blessed with five children.

She says they have cohabited in various places including Highview Estate in Nairobi, Nairobi West Estate, Buruburu Estate in Nairobi, Ngei Estate in Nairobi and Lavington in Nairobi.

The union, she says, hit the rocks leading to separation after 13 years due to cruelty and abuse from Mr Muthama.

CRIMINAL CHARGES

Mrs Nzisa said that Mr Muthama used his influential political position as then KANU Vice Chairman Machakos district in the 1990s to frustrate and subject her to misery.

“He used the police to torture, mistreat and frustrate me and on many occasions I was locked in police cells arbitrarily in the pretext of being disciplined,” explained Mrs Nzisa.

She also stated in her court papers that Mr Muthama piled up mischievous criminal charges against her in an effort to discourage her from claiming her rightful share of the matrimonial property.

Further, she claimed that Mr Muthama fraudulently tricked her into signing off her shares in certain properties in Nairobi which were previously registered in their joint names as well as the names of their children. The children were also forced to sign the transfer forms regarding the said property.

MATRIMONIAL PROPERTY

She added that it was unlawful for the children to be forced to append their signatures in 1993 given that they were minors at the time of executing the said settlement.

She said that the only share of the matrimonial property that she got was a television set, a video player, a cooker, a bed and utensils in total disregard of all the property that they accumulated during the course of their marriage.

“Mr Muthama single-handedly and without my knowledge, dissolved Muthama Gemstone Limited, a company where we were both shareholders and directors thus seizing all the properties of the company,” explained Mrs Nzisa.

The application has been certified urgent and Mrs Nzisa has been directed to serve Mr Muthama with her court papers.