High Court allows CS Linturi to evict his estranged wife Maryanne Kitany
Agriculture Cabinet Secretary Mithika Linturi has gotten the greenlight from the court to evict his estranged wife Maryanne Kitany from his Runda residence in Nairobi.
This after Justice Maureen Odero of the High Court dismissed an appeal by Ms Kitany seeking orders to be allowed to continue living in the palatial home.
Kitany, who is the Member of Parliament for Aldai Constituency, was seeking orders to quash a decision by Chief Magistrate Heston Nyagah to allow Linturi to evict her from the house as there is no subsistence marriage between them.
Justice Odero said she has no jurisdiction to entertain the appeal following a dismissal of the same application by the court of appeal.
In the appeal Ms Kitany was seeking an order to suspend the execution of the judgement permitting Linturi to kick her out of their Runda home.
Ms Kitany was also seeking an order to stay execution of judgement of Magistrate Nyagah which said there was valid marriage between the two.
“This honourable court be pleased to issue orders of injunction and preservation restraining Linturi and his agents, assigns or any other person acting on his behalf or under his instructions from evicting, interfering, disposing, ejecting or in any way interfering with quiet possession, stay and occupation of the house known as Mae Ridge county villas No16 erected on LR No.7785/1324(I.R123703 ) pending the hearing and determination of the appeal” Maryanne urged the judge.
But Linturi objected to the appeal saying it’s an abuse of the process of court since there has been similar application dated September 19, 2022 seeking identical or substantially similar relieves pending in the court of appeal.
The Court of Appeal dismissed a similar application by the applicant on February 10, 2022 which sought a similar relieve.
Linturi further argued that the Court of Appeal had dismissed on three separate occasions.
“Maryanne wants to continue living in the palatial home for the sixth year running yet the court had established that there was no marriage between me and appellant ” Linturi told the court.