Man sues wife, bank over 'missing' pension

What you need to know:

  • Former UNDP employee claims his estranged wife misappropriated his funds.
  • The couple has a pending divorce case.

A man who worked for 22 years for an international agency on Thursday sued his wife and a bank over Sh8 million which went missing from the couple’s joint account nine years ago.

Through his lawyer Betty Angatia Mwenesi, the man has accused his estranged wife of taking away the money which was deposited in their joint account in US dollars at Commercial Bank of Africa as his pension fund.

The man, who is now retired, alleges the woman and the bank misappropriated his funds and he has been reduced to begging from friends, relatives and well-wishers.

The man claimed that he has been deprived of the right to human dignity and property and has been subjected to psychological torture as well as degrading treatment.

Ms Mwenesi told High Court judge Isaac Lenaola that the man had grown accustomed to a certain standard of living while he was working with the United Nations Development Programme in Nairobi between 1980 and 2002 but he now feels dehumanised.

“Unless this matter is heard on priority basis, the man will continue to suffer ill health due to his deteriorating lifestyle owing to the sued parties’ denial of his right to his hard earned pension monies,” said Ms Mwenesi.

BUY FOOD

The man wants the bank ordered to unlock the joint account at its Wabera Street branch so he can be able to buy food and seek urgent medical attention pending the hearing and determination of the suit.

He also wants his wife ordered to furnish him with a true and just account of her wages as well as any income generated from the pension fund since a withdrawal from the joint account on March 29, 2005.

He claimed that his accrued pension of USD 90,735.50 was paid to the said account five days before it was withdrawn on instructions from his wife.

While presenting the requests to the judge, Ms Mwenesi said that the man’s enquiries on the whereabouts of the money had borne no fruits.

“The pension money has since disappeared with no traceable account between both the wife, the bank and the man who is now in dire need of funds,” Ms Mwenesi said.

The couple have had two joint accounts — in US dollars and Kenyan shillings at CBA. Now, the USD one has been given a new number.

The man claimed the money was earmarked for investing since his wife had other funds from his other dues for any needs.

“I am sure the money was paid in my account and that the pension money is personal property for use upon one’s retirement, it does not in any manner form as matrimonial property,” he said.

The couple has a pending divorce case.

The judge directed that the case be heard on April 9.