BY SAM ALFAN
Meru Senator Mithika Linturi has suffered major blow after high court issued orders preserving their matrimonial property.
High Court issued Justice John Onyiego the temporary injunction restraining senator Linturi from accessing utilizing withdrawal or any other transaction or interfering with monies held in several bank accounts pending the hearing and determination of the case.
Linturi or his agents were further restrained from wasting, damaging or interfering with their matrimonial monies and two luxury cars Range rover and Toyota Lexus.
“For avoidance of doubt, the motor vehicles in question as mentioned Range rover and Toyota Lexus shall continue being used by their current users without changing owners,” ruled the judge.
Justice Onyiego ruled that Kitany was not an ordinary visitor in the ordinary sense of the word ‘visitor’ and Kitany is entitled to resume back to the disputed residence pending hearing and determination of the dispute suit.
OCS Runda police station was ordered to ensure complice with court orders.
“To execute these orders, OCS Runda Police station is hereby directed to ensure compliance by providing security to the Marianne Kitany during her return to the premises at Runda Villa house No.16 and security currently manning the premises under instructions of the Linturi withdrawn and two to make mutually agreed joint security arrangements,” he further ordered.
The judge noted Kitany eviction was unlawful and in bad faith even before determine the issue of marriage and ownership of the property.
“This court cannot sanction such actions in court in a democratic society where due prices and the rule of law should apply and fly high,” said judge.
Kitany lawyer Danstan Omari appreciated the court decision saying it restored decision of career women who has contributed to development of their matrimonial home.
“It is the day that court are protecting the rights of women who are evicted out of a dispute between a husband and a wife and women dispossessed their property and thrown out in a savagery manner but court gas restored dignity of women , dignity of children and career women who have contributed into development of the matrimonial home,” said Omari.
He further said according to the material placed before him by both Linturi and Kitany, the stay of Kitany in the residence could not have been that of the ordinary visitor as Linturi would want the court to believe. “There is more than meets the eye.”
“Whether this court will eventually make a finding on ownership and division of the property in question or not, one should not be violently evicted in the manner Kitany was evicted while the dispute is pending before court. There are other legal, sober, humane, lawful and procedural and civil way of moving out even a ‘visitor’ from one’s residence. It was by all standards an impetuous decision,” said Judge Onyiego.
Linturi admitted that Kitany was forcefully evicted from the Runda house which she claimed they jointly built with Linturi and she has been staying there since 2016 to 2017. Linturi did not deny exciting her. Senator termed the eviction as lawful and justified that Kitany was a visitor requiring no notice to vacate the house. The eviction was conducted on 19 of December last year while the matter was pending in court.
“There is no dispute that Kitany has been staying at Runda residence Villa house where she was forcefully evicted allegedly for being a stubborn visitor who is like the proverbial camel got accommodated but knocked out the owner,” said the judge.
Kitany filed affidavit and attached exhibits to demonstrate that she had been staying with senator Linturi as husband and wife. She further attached photographs showing the two attend attend family functions and gathering including burial of Linturi’s brother.
She attached documents among them architectural drawing of the Runda house bearing her name.
“All these information prima facie point at a probability that the two presented a lifestyle of husband and wife before eyes of an ordinary person subject to proof upon hearing the main suit,” said judge.
The judge observed that the evidence presented and the conduct of the two, makes revelation of some form of husband and wife relationship which will be proved or disapproved upon hearing and determination of the case.
Kitany attached several documents including photographs and travel documents outside the country showing Linturi and their children attending various activities allegedly as husband and wife.
According to Kitany, she lawfully got married to Linturi in April 2016 after divorcing her former husband J.K Langat. The divorce judgment was delivered on 4 of December 2015 and she had a capacity to marry 30 days after delivery of judgment.
Linturi denied ever marrying Kitany claiming that he was married to one Mercy Kaimenyi so he had no capacity to enter into any other marriage arrangements with the applicant.
Kitany said she started cohabiting with Linturi sometime 2013 and in April 2016 formalized their marriage under Meru customary Law. She claimed that during the substistence of their marriage , she made both direct and indirect contribution towards acquisition of various property listed in the summons as well as the formation of various companies.
The court dismissed issue of the properties saying the affairs of the companies, shareholding , directorship or ownership is not business of the Family division and matrimonial Property Act.
