LAWYER DANSTAN OMARI EXPLAINS WHY WAKAVINYE COULD STILL WIN PROPERTY BATTLE 

Renowned Kenyan lawyer Danstan Omari has weighed in on the ongoing legal debate surrounding matrimonial property rights, offering a detailed analysis of why Wakavinye could still emerge victorious in a property dispute against her husband, popular comedian Njugush, even if assets have been registered under his mother’s name.

Speaking on his digital show, Court Helicopter, Omari broke down the legal avenues available to Wakavinye under Kenyan law, clarifying that property ownership is not always determined solely by whose name appears on the title deed. Omari explained that once divorce proceedings are filed, a party can approach the High Court for the division of matrimonial property. 

“The law says after you file for divorce, you can go to the High Court for the division of matrimonial properties,” Omari stated. “Whether the property is registered in one name, the court will determine that the property shall be shared according to each person’s equal contributions both materially, morally, or indirectly.”

Addressing the specific scenario where properties are registered under a parent’s name, the outspoken lawyer noted that such assets legally belong to the parents but only under certain conditions. “Properties registered to parents, this is a gift to the parents. Once it has been given, they don’t need to pay consideration. So long as the gift is not being followed by asset recovery, that property is absolutely the parents,” he explained.

However, Omari cautioned that this protection is not absolute, particularly when the gift was not legitimately owned by the giver in the first place. According to Omari, Wakavinye has a genuine chance to recover the properties in question. He outlined the steps she would need to take,

“She needs to file divorce proceedings, go to the High Court, and prove her contribution to the acquisition of the property,” he said. “They will bring Njugush’s parents into the case. The question will be: How did Njugush’s mother acquire the property? Can Njugush give a gift that is not his? The law cannot accept that. A gift must be what you own wholesomely.”

Omari further advised that if Wakavinye can produce evidence showing that the registration of properties was an attempt to dispossess her, she can take additional legal action. “She can also rush to the Children’s Court and argue that the properties they got together were for the benefit of the children and the mother-in-law is not the mother,” Omari explained. “The court will freeze the property until the children attain a bachelor’s degree.“

Under the Children’s Act, Omari noted that Wakavinye could also go for a lump sum payment from Njugush. “Calculate all the amounts it will be more than the house is worth. He stands to lose,” the lawyer warned.

Omari drew comparisons with global figures such as footballer Achraf Hakimi and social media influencer Khaby Lame, noting that the video breaks down a growing trend where assets are allegedly registered under parents’ names.