JUDGMENT
This appeal relates to the division of matrimonial properties under Article 45 (3) of the Constitution of Kenya and Sections 17 & 18 of the Matrimonial Property Act. The appellant and the respondent were married on the 7th September 1964 in Kiambu County and later relocated to Rombo in Loitoktok Sub-County of Kajiado County. The marriage was blessed with nine children who are all adults now.
Their marriage was however turbulent resulting in divorce on 8th February 2017. Thereafter the appellant took out originating summons seeking division of matrimonial property. The appellant’s case was that at the time of their marriage, they did not have any property and they stayed with the respondent’s mother at Illasit at Loitoktok. That they later moved to Rombo in Loitoktok in 1970 where they were allocated 50 acres of land by the local Maasai community on which they set-up their first home. The land is known as Loitoktok/Rombo xxxx and after settling and putting up their first house s…