The High Court has allowed Agriculture Cabinet Secretary Mithika Linturi to evict Aldai Member of Parliament Marianne Kitany from his palatial house in Runda, Nairobi.
Justice Maureen Odero dismissed an appeal by Kitany to be allowed to continue living in the Runda house.
Kitany was seeking orders to quash a decision by Chief Magistrate Heston Nyagah to allow Linturi to kick her out of the house as there was no subsistence marriage between the two.
“I have no jurisdiction to entertain the appeal following a dismissal of the same application by the court of appeal,” Justice Odero said.
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In the appeal, she was seeking an order that justice Odero suspends the execution of the judgement permitting Linturi to kick her out of their Runda home.
She was also seeking an order to stay the execution of the judgement of Magistrate Nyagah which said there was a valid marriage between the two.
“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,” Kitany ” she urged the court.
The CS objected to the appeal saying it was an abuse of the court process since there had been a similar application dated September 19, 2022, which sought similar reliefs pending in the Court of Appeal.
The Court of Appeal dismissed a similar application by the applicant on February 10, 2022.
Mr Linturi argued that the Court of Appeal had dismissed on three separate occasions.
“Marianne wants to continue living in the palatial home for the sixth year running yet the court had established that there was no marriage between me and the appellant, ” Linturi told the court.