BY SAM ALFAN.
A magistrate on Monday allowed Meru Senator Mithika Linturi’s estranged wife, Marianne Kietany to return to her Runda home after reinstating orders barring him from evicting her.
In his ruling Milimani Commercial Court Senior Resident Magistrate Isaac Orenge also ordered Runda Officer Commanding Station (OCS) to enforce the orders allowing Kietany into the house to ensure that her family enjoys peace pending further court directions.
The magistrate issued the orders following the dismissal suit filed by Kietany against her estranged husband Franklin Linturi.
“I find that the door of justice is not closed because a mistake has been made by a lawyer this was the first time the plaintiff advocate had failed to attend court and the application was brought without delay. I allow the application in terms of prayers sought and the order that the application be fixed forwith for hearing, “ruled the magistrate.
Kietany was allegedly evicted from the house by her former husband Linturi using hired goons in December 2018 after a different court dismissed a suit she filed seeking court protection after her advocate failed to attend court on time.
However her lawyer Dunstan Omari pursued the court to reinstate the suit to allow her state argue her case.
Lawyer Omari had told the court that the previous advocate had failed to turn up for the hearing and Linturi’s lawyer applied to have the application dismissed.
The presiding magistrate said the court can not lock out a litigant whose case has not been on merit.
SRM Orenge further directed that parties to appeared before on January 14 for the hearing of the application.
On December 24,2018 the High Court restrained the Senator from transferring property that he owns with Kietany.
Keitany had moved to court seeking Sh10 million she alleged to have lost during the eviction on December 19, 2018 at the Runda home.
Earlier on October 26,2018 the court had barred the Senator from accessing his home in Karen.
The orders were issued after Kietany, filed a case in court seeking Linturi to permit her to enter other residence of Linturi accompanied by an enforcement officer for purpose of collecting her personal belonging.
“Granting applicant (Marianne Jebet Kietany) from the right to exclusive occupation of the shared residence being Mae Ridge Country Villas House and use of the facilities associated therewith by excluding the respondent (Mithika Linturi) from the said residence” Magistrate Orenge.
Orenge further restrained Linturi from intimidating, harassing, stalking or engaging in any behavior which amounts to emotional, verbal or psychological abuse of Marianne Jebet Kitany and the six children.
The court further restrained senator Linturi from making any other contact with Kietany whether by telephone correspondence or otherwise unless otherwise permitted.
Linturi had also been restrained from watching or loitering near the shared residence.
“Restraining Linturi from watching, loitering near or preventing or hindering access to or from the said residence ,Kietany’s office , business or any other place that the she visits often”. Ordered Magistrate.
Similarly Linturi has been prohibited from threatening to engage in cultural or customary rites or practices that abuse Kietany.
The magistrate further barred the senator from damaging or threatening to damage any of Kietany property.
Pending hearing and determination of the case, Linturi was restrained from physically or sexually abusing or threatening to abuse former chief of staff in the office of Deputy President Kitany, her staff and their six children or any other person associated with her.
