Wakili Omari Warns Women Against Building Matrimonial homes on Husband’s Ancestral Land

Added: 2026-05-28

[00:00:02]The decision of court was >> [clears throat] >> Women, when you are being Are you married?

[00:00:16]And do you build or do you invest in the land inherited by your husband?

[00:00:24]So, the questions that normally arise is that husbands inherit that land from their fathers.

[00:00:34]When they marry When they marry if they have not inherited because their father died, their father will show them where to build.

[00:00:46]That land is normally in the title deed of the father of your husband.

[00:00:54]So, you start building.

[00:00:57]Normally they don't have title deeds.

[00:01:02]Or those who have title deeds are very few.

[00:01:05]The title deed is normally in the name of your husband.

[00:01:10]So, when you differ, you go to court.

[00:01:13]You ask for division of matrimonial property.

[00:01:18]What does the law say when you are divorced and you have not contributed anything into that home?

[00:01:25]You walk empty-handed.

[00:01:28]The law is so hostile to women. My advice and advice to young young ladies is that let the matrimonial home be away from the ancestral land.

[00:01:44]Any ancestral land can never be a matrimonial home. Welcome to KOTEL KOTA.

[00:01:53]Trending explainers.

[00:01:55]We wish our brothers and sisters happy holiday.

[00:02:01]As you are relaxed enjoying with your family, we have seen a clip going round by a famous Luo comedian called Pengle.

[00:02:29]Pengle is celebrating that he has succeeded in a case with his wife.

[00:02:38]The wife wanted the matrimonial home in the village.

[00:02:43]The court did not give the wife of Pengle the home.

[00:02:49]Pengle is saying that the court has decided in his favor.

[00:02:55]This raises a very serious question about our marriage.

[00:03:02]Women, when you are being married, are you married and do you build or do you invest in the land inherited by your husband?

[00:03:16]In Kenya, every wife leaves their home and goes to live in the home of the husband.

[00:03:26]The matrimonial home is generally built in the rural home of the husband.

[00:03:34]In the African city, there are two homes.

[00:03:37]One in the city and the village home where the grave of the family will be.

[00:03:45]So, the questions that normally arise is that husbands inherit that land from their fathers.

[00:03:55]When they marry When they marry if they have not inherited because their father died, their father will show them where to build.

[00:04:07]That land is normally in the title deed of the father of your husband.

[00:04:14]So, you start building.

[00:04:17]Normally they don't have title deeds.

[00:04:22]Or those who have title deeds are very few. The title deed is normally in the name of your husband.

[00:04:30]So, when you differ, you go to court.

[00:04:34]You ask for division of matrimonial property.

[00:04:39]What does the law say? The law says any property acquired during the subsistence of the marriage is matrimonial property.

[00:04:52]99% of this property the domestic, the village land boys inherit or they are shown where to build before they marry.

[00:05:05]They'll build their simba.

[00:05:07]They'll build their home so that when they get you as a woman, they are taking you to their house.

[00:05:15]Then as a wife, you start putting improvement into that house.

[00:05:22]You buy sofas, you buy the TV, you get some solar and other things. You make that home yours. You plant flowers, you plant trees. The place looks beautiful.

[00:05:35]When you divorce what does the law say?

[00:05:41]The law says those properties that were inherited by your husband cannot form part of the matrimonial property unless you have contributed into their improvement.

[00:06:01]The only thing that you will be refunded is your contribution.

[00:06:07]If you put up the mabati, you will be refunded that mabati.

[00:06:13]So, the ladies when you are investing heavily in the home of your husband when you are divorced what will happen?

[00:06:27]This is what happened to our lady in the matter of LR Kirua and the Kirua II.

[00:06:38]That is SN, the plaintiff, and FN.

[00:06:43]What is the issue?

[00:06:45]The plaintiff alleged that the defendant was her husband from 1969 until he divorced her vide Embu Divorce Case Number 10 of 2012 on the 22nd January 2016.

[00:07:00]That during the pendency of the marriage they inherited the suit property from the defendant's father.

[00:07:06]That she personally carried out developments on the land, suit property which we now value at Kenya shillings 2 million. And that she was entitled to half the value thereof.

[00:07:22]What What did the judge say?

[00:07:26]One, accordingly I allow the suit and make the following declarations and orders.

[00:07:33]The [snorts] property known as Kirwai Kirwai is matrimonial property which was acquired during coverture between the plaintiff and the defendant. B, the plaintiff, that is the wife, contributed to its improvement and it is entitled to 30% share thereof, which translates to Kenya shillings 1.2 million value of Kenya shillings 1 million to which she is entitled.

[00:08:05]Three, the defendant to pay the plaintiff a sum of Kenya shillings 1.2 being the value of her contribution to the improvement of that land.

[00:08:17]So, the law is so hostile to women.

[00:08:21]If you do not contribute to your property, you'll walk away.

[00:08:27]Your man will be singing the way Pengle is sing. Listen to how Pengle IS SINGING. PANDA NDENGE.

[00:08:35]The decision of court was final. Akuna ati ati bado tunaenda hearing. It was final.

[00:08:44]Yes.

[00:08:45]Pengle's message is very clear.

[00:08:48]If you have you have not put money in the traditional Nyalgunga home, you will walk empty-handed.

[00:08:57]Pengle's wife did not contribute anything into the construction of the Nyalgunga home. And that is why Pengle bought the house. How many of you know this that when you are divorced and you have not contributed anything into that home, you walk empty-handed?

[00:09:23]What are the lessons here?

[00:09:25]The lessons here is that you have seen a trend where nowadays women are insisting that the matrimonial home shall be built in a neutral place.

[00:09:38]Where the is bought during the subsistence of the marriage, construction is is done jointly so that if there's a dispute, each person can go there. Can you imagine?

[00:09:54]You are married in the village and the court gives you that home.

[00:09:59]That is a matrimonial home. You are Akamba married in Luo land. You are a Kisi married in Meru. You are a Mijikenda married in Taita Taveta. You are You're a All these people. Can you go there?

[00:10:15]Can you go to Maasai land and say this house we built with my husband. All those people who are the neighbors are his blood uncles.

[00:10:26]You are not anywhere related to them.

[00:10:30]Wakili Danstan Omari telling it the way it is nowadays.

[00:10:36]When you are investing for a matrimonial home, my advice and advice to young pe- young ladies is that let the matrimonial home be away from the ancestral land.

[00:10:53]Any ancestral land can never be a matrimonial home. Only that what you have contributed is what you'll be refunded.

[00:11:06]My good sister had only contributed 1.2 million and that is what the court ordered she be refunded. You are now wiser. Invest wisely on what you call a matrimonial home. Wakili Danstan Omari.