BY SAM ALFAN.
Meru Senator Mithika Linturi efforts to evict his estranged wife Maryanne Kitany from their Runda matrimonial Home has once again dealt a blow.
This is after a Nairobi Commercial Magistrate’s Court ruled for the third time that Kitany should not be kicked out of the home as requested by the legislator.
“I find that the applicant had made out case to warrant the issuance of the orders sought,” ruled Senior Resident Magistrate Isaac Orenge.
The magistrate in his judgement granted orders restraining Linturi from engaging or threatening to engage in economic abuse of his wife Kitany or the children.
The court further granted Kitany exclusive occupation of the shared residence Mae Ridge Country Villas house and the use of the facilities excluding him from the said property.
Orenge further restrained Linturi from physically or sexually abusing or threatening to abuse Kitany, her staff and their six children or any other person associated with her.
Linturi was also barred from damaging or threatening to damaging any Kitany property.
Orenge also restrained Linturi from intimidating, harassing , stalking or engaging in any behavior that amounts to emotional verbal or psychological abuse to his wife Kitany and her children.
“For avoidance of doubt the present order does not apply to the children who live or used to live at Kitany Mae Ridge country Villa house,” ordered the magistrate.
In his 25 ruling, the magistrate barred the senator from engaging in cultural or customary rites or practice that abuse Kitany.
He was also barred from watching or loitering near or preventing access from their Runda home.
The court further issued orders restraining the Senator from making any other contact with Kitany where by telephone, correspondence unless permitted by court.
Linturi was further restrained from visiting any of Litany’s property unless accompanied by law enforcement officers.
Kitany through his lawyer told the court that Linturi had filed false documents that were subject to investigation by other agencies which the court concurred with.
“The court leaves the issues raised by Linturi concerning false documents to be dealt with by the respective agencies that are mandated by the constitution. I will therefore not make a finding relating to illegal transfer of shares by Kitany and the issue of false case relaying to divorce this matter oughtvto be investigated by the DCI, “ruled the magistrate.
He submitted that she had faced injustice occasioned by the senator and if the court will not grant the orders , it will be great calamity to use and dump women.
The court directed that the orders charge remain in force until the divorce case which is pending before the High court his heard and determined.
Orenge also ordered OSC Ronda police station to ensure that the orders of the court are complied with to ensure that peace and tranquility prevails.
The ruling comes days after the High Court last month the court issued orders preserving their matrimonial property.
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 she 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.
