Mithika Linturi’s ex-wife, who is the current Aldai Member of Parliament, Marianne Kitany was forcefully evicted from the Agriculture CS's palatial Runda home on Wednesday night.
Kitany was evicted although she claims to have obtained a fresh court order that barred her eviction from the property, which they both claim ownership of.
Kitany’s lawyer Moses Kurgat accuses Linturi of allegedly sending a group of unknown individuals who stormed the premises disregarding the court order signed by Magistrate Winnie Micheni barring the eviction.
Kurgat said the new order countermanded an earlier one issued last week by Micheni that approved an application by Linturi and an auctioneer to kick out Kitany from the plush residence.
High Court Magistrate Heston Nyagah had allowed Linturi to evict Kitany from the palatial home on grounds that there was no marriage between the two estranged former lovers.
Kitany would later appeal to have the court suspend the execution of the judgement that allowed Linturi to evict her from the home, but Justice Maureen Odero dismissed her appeal to be allowed to continue staying in the house under dispute.
“This honourable court be pleased to issue orders of injunction and preservation restraining Linturi his agents or any other person acting on his behalf or under his instructions from evicting, interfering, 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,” the court document read.
Odero said she has no jurisdiction to entertain the appeal following a dismissal of the same application by the court of appeal.
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