Suresh Kantaria, a prominent Kenyan tycoon, has found himself at the mercy of the auctioneer’s hammer due to unpaid alimony that has ballooned to Sh40 million since 2015. The High Court’s recent order for the auction of his properties marks a significant chapter in his bitter divorce saga with his ex-wife, Mradula Kantaria. The court has directed that his assets, including two houses and a plot in South C, and a parcel of land in Gigiri, be sold to offset the outstanding debt.
The legal troubles began in 2010 when a court initially ordered Kantaria to pay his ex-wife Sh100 million in maintenance following their divorce. However, this judgment was overturned by the Court of Appeal in 2015, which instead set a monthly upkeep amount of Sh350,000. Despite the revised order, Kantaria has defaulted on these payments, leading to the current financial crisis. The debt has now reached Sh40 million, prompting the latest court ruling for a public auction of his properties.
The value of Kantaria’s assets under threat is considerable. The two houses and a plot in South C are estimated at Sh28 million, while the Gigiri land is valued between Sh300 million and Sh500 million. The court has appointed Joseph Gikonyo of Garam Auctioneers to handle the sale, with immediate possession granted to the auctioneer. The process also involves settling a Sh15 million loan secured against one of the South C properties at Prime Bank, alongside interest rates of 13 percent per annum.
Kantaria’s financial struggles have forced him to appeal the decision, seeking to prevent the sale of his lifetime investments. In a bid to save his assets, he has filed an appeal with High Court Judge Hillary Chemitei, expressing concern over what he perceives as errors in the lower court’s judgment. He argues that the deputy registrar exceeded their authority by setting a public auction date without proper judicial review, as mandated by civil procedure rules. Kantaria claims that the judge overlooked these procedural errors, and he is now asking for Chemitei’s recusal from the case, demanding a new judge for an expedited hearing.
The tycoon’s appeals highlight deeper concerns about the management of his case and the adequacy of judicial oversight in the enforcement of court orders. Kantaria asserts that the auction order is contrary to the Court of Appeal’s directive that proceeds from property sales be divided in a 3:1 ratio in his favor. The High Court has since directed that affidavits be filed to address his recusal bid, indicating a potential delay in the resolution of his case. The March 2025 hearing date for the appeal is seen as a significant setback for Kantaria, who argues that his appeal should have been heard before the imminent auction of his properties.
Mradula Kantaria, on the other hand, has called for the dismissal of her ex-husband’s applications, urging the court to conclude the long-standing dispute that has stretched over 27 years. She insists that her former spouse has not complied with court orders, particularly in transferring shares of their jointly owned properties as mandated by the Court of Appeal’s judgment in 2015. The ongoing legal battle has seen Mradula’s alimony payments rise to Sh40 million, underscoring the financial toll of the couple’s separation.
As the clock ticks towards the auction date in January 2025, the stakes could not be higher for Kantaria. The fate of his empire now lies in the hands of the judiciary, as he seeks to protect his legacy from being dismantled. The case underscores the complexities of high-profile divorce cases in Kenya, where financial disputes can lead to drastic measures, such as the auction of properties, if court orders are not adhered to. The resolution of this case will not only affect the immediate future of Suresh Kantaria but could also set a precedent for how similar disputes are handled in the country’s courts.
