Meru Senator Mithika Linturi’s wife, Marianne Keitany, has been allowed back into their Runda home after a court temporarily overruled his attempt to evict her.
Senior Resident Magistrate Isaac Orenge ordered the Runda OCPD to ensure that Ms Keitany was granted enough security in the house located at Mae Ridge Country Villas pending the determination of the couple’s dispute.
Keitany went to court to contest a ruling that dismissed her application barring Mr Linturi from getting accessing to their Runda home.
“I pray that the honourable court be pleased to set aside the orders issued on December 11, 2018 dismissing an application to have Linturi restrained from accessing the house,” said Keitany.
Keitany said that she stood to suffer if the court allowed Linturi to get access to the Runda home where she lived with her family.
The application by Keitany had earlier been dismissed by Mr Orenge on want of prosecution after the parties tried to clarify some confusion and mix-up on the cause list on December 11 last year.
Want of prosecution is the failure by a litigant to pursue a case in a timely manner, which can sometimes result in dismissal of the suit.
“I have considered the submission by both parties and the cited authorities and I take judicial notice of the fact that the advocate for the applicant walked in after the court had made the orders for dismissal,” said Orenge.
He added that the doors of justice were not closed because a mistake had been made, saying that this was the first time Keitany’s lawyer had failed to attend court and an application for reinstatement was brought without delay.
“I allow the application and order that it be fixed for hearing,” said the magistrate.
Keitany had told the court that she had given an explanation why she did not attend the court proceedings on December 11 when the case was dismissed.
“This is discretionary. I urge the court to allow my application,” said Keitany, adding that the present matter was about domestic violence and that Linturi would not suffer any prejudice if the orders sought were granted.
The matter was reinstated after Keitany made an application saying she had attended all court dates fixed for the matter and had never at any point showed any kind of want of prosecution.
“There was a mistake on the part of the Registry and there was no delay on my part in the application,” she said.
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