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Governor Mutua loses multi-million shilling court battle with ex-wife

Machakos Governor Alfred Mutua has lost in his bid to claim a stake in the multi-million shillings property he co-owned by his former wife Josephine Thitu.

Mutua rushed to court seeking division of the property acquired during his 15-year marriage to Ms Thitu, but Justice William Musyoka not only dismissed the case but also ruled that the Governor will have to pay for the cost of the suit.

In her submission, Ms Thitu said how the property would be divided had already been determined in a separate case, to which the judgement agreed.

“A court cannot try the issues raised in this case without having to determine the same points of law that were conclusively settled by the court in HCJSC No 45 of 2014. Consequently, I shall uphold the objection and strike out the suit herein with costs to the defendant,” Justice Musyoka ruled.


At the centre of this dispute between the governor and his ex-wife are expansive property in Machakos, Kitui and Makueni including prime plots in Mavoko town, Kamulu, plus a palatial home believed to be within Westlands in Nairobi.

Ms Thitu also told court she was holding these properties in trust of the three children she sired with the governor during their marriage.

This, by the way, is the second public fallout between these two.

Back in 2014, Mutua rushed to court seeking custody of the three children. In the court papers, he claimed his ex-wife had secretly flown the children out the country to Australia.

Governor Mutua has since moved on, having married Lilian Ng’ang’a, whom he addresses as the First Lady of Machakos county, while Ms Thitu has seemingly preferred to maintain a low profile.