Aldai MP Marrianne Kitany has suffered a blow after the High Court declined to stop Agriculture CS Mithika Linturi from evicting her from his Runda home.
Justice Maureen Odero declined to suspend the judgment by Magistrate Heston Nyaga which found that the MP was not legally married to CS Linturi.
Kitany wanted the High Court to issue an injunction against Linturi restraining him from evicting her from the said residence. Still, the judge ruled that she had no jurisdiction to entertain the suit.
Justice Odero noted that Kitany had filed other similar applications at the Court of Appeal which was dismissed.
In her application, Kitany had argued there was imminent danger that Linturi would evict her from the Runda home.
The Magistrate court had declined to recognize her marriage to Linturi saying the same was a nullity and that it could neither be presumed as marriage under the laws of Kenya.
“The applicant is aggrieved by the said decision as there is imminent danger that she shall be evicted by the Respondent from her current home where she resides and had been living with the resident until the irretrievable breakdown of the marriage,” her lawyers said in court documents
The CS through his lawyer Muthomi Thiankolu objected to the application saying it’s an abuse of the process of court since there has been a similar application dated September 19th, 2022 seeking identical or substantially similar reliefs pending in the court of appeal.
The court of appeal dismissed a similar application by the applicant on February 10th, 2022 which sought similar relief.
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 the appellant and me, ” Linturi told the court.
