Ben Chumo Ensnared in KSh 40 Million Land Dispute

: Former Kenya Power MD Ben Chumo became entangled in a Kajiado land dispute after purchasing a KSh 40 million Kitengela property, now at the centre of a high-profile divorce battle between businessman Philip Kiptum and his estranged wife, Edna Jeptoo.

By Charles Wachira

Former Kenya Power Managing Director, Ben Chumo, has become embroiled in a high-profile divorce dispute between Philip Kiptum, a prominent businessman, and his estranged wife, Edna Jeptoo. The case revolves around a prime piece of land in Kitengela, Kajiado County, which Kiptum sold to Chumo for KSh 40 million in 2020. However, Jeptoo claims the land, valued at KSh 50 million, was part of their matrimonial estate and was sold without her consent in an effort to hide assets ahead of their divorce settlement.

The Contested Land and Transaction

The disputed Kitengela property became a focal point of the legal battle when it emerged that Kiptum had sold it to Chumo during the couple’s ongoing divorce proceedings. Jeptoo’s legal team accused Kiptum of intentionally orchestrating the sale to diminish her rightful share of the couple’s joint assets. She insisted that the land was part of their matrimonial estate, a claim that complicated the transaction and eventually led to a court battle.

Kiptum, a businessman with significant investments in real estate development and commercial farming, defended the sale, arguing that the land was not intended to be part of the matrimonial assets. He maintained that the sale to Chumo was a legitimate business transaction conducted within his normal business operations.

Ben Chumo’s Involvement

Ben Chumo, who had made the land purchase as a business investment, found himself drawn into the legal dispute when Jeptoo challenged the sale. Represented by lawyer Mutula Kilonzo Jr., Chumo argued that he had entered the deal in good faith, unaware of any ongoing matrimonial dispute over the property. His legal team asserted that the transaction followed all legal protocols and was handled through proper channels.

“My client, Mr. Chumo, was approached by Mr. Kiptum as an investor interested in acquiring the Kitengela property. The purchase was made following legal procedures, and he had no knowledge of any matrimonial claims related to the land,” Kilonzo Jr. told the court during proceedings.

Jeptoo’s Claims and Court Proceedings

Jeptoo, however, presented a different narrative. She claimed that the sale was a deliberate attempt by Kiptum to hide matrimonial assets and deprive her of her rightful share. In her court filings, she accused Kiptum of undervaluing the property by selling it for KSh 40 million, despite its actual value being KSh 50 million. Jeptoo argued that the land was part of their joint investments and that her husband had sold it without her knowledge or consent.

Her legal team urged the court to void the sale, arguing that it was conducted in bad faith and without full disclosure. They sought to have the land included in the matrimonial estate and subject to division as part of the couple’s divorce settlement.

Court Ruling and Ownership Status

After months of legal proceedings, Justice Maureen Odero delivered her ruling in late 2023. The court found that the Kitengela land was indeed part of the matrimonial estate and that Kiptum had sold the property without proper consultation or disclosure to Jeptoo. Justice Odero nullified the sale to Chumo, ruling that the property should be returned to the matrimonial estate for equitable division between Kiptum and Jeptoo.

However, the court recognized that Chumo had acted in good faith, unaware of the ongoing dispute. As a result, he was awarded KSh 40 million in compensation for the canceled transaction, to be paid by Kiptum. Additionally, Kiptum was ordered to cover Chumo’s legal costs resulting from the dispute.

Current Ownership of the Land

Following the court’s ruling, the Kitengela property is now part of the matrimonial estate of Philip Kiptum and Edna Jeptoo. While the land remains in joint ownership for the time being, its eventual division is expected as part of the ongoing divorce settlement. Both parties will have to reach an agreement or await further court orders regarding any future sale or development of the property.

Business Background of Philip Kiptum

Kiptum is a well-known businessman with a portfolio of investments in real estate and agriculture. His real estate ventures focus on acquiring and developing properties in fast-growing areas such as Kitengela. He is also involved in commercial farming, supplying agricultural products both locally and internationally. The sale of the Kitengela land to Chumo was part of his real estate dealings, which have come under scrutiny due to the legal battle with Jeptoo.

Public Reaction and Implications

The ruling has sent ripples through Kenya’s real estate and business communities, highlighting the risks associated with property deals that involve matrimonial disputes. While Chumo has been exonerated, his involvement in the high-profile case has brought attention to the importance of due diligence in property transactions, especially when disputes over ownership are present.

For Kiptum, the ruling has dealt a blow to his public image, with the court finding that he attempted to conceal assets from his wife. Jeptoo, on the other hand, has been vindicated in her claim, with the court affirming her right to a share of the contested property.

As the Kitengela land returns to the marital estate, the next phase of the divorce case will focus on dividing the remaining assets. Still, the controversy surrounding the property has left a lasting mark on the proceedings.

Keywords: Ben Chumo land dispute: Kitengela property battle: KSh 40 million land sale: Philip Kiptum divorce case: Kajiado County real estate