The Court of Appeal has dismissed an application by Aldai MP-elect Marianne Keitany seeking to block her estranged husband Mithika Linturi from evicting or interfering with their palatial matrimonial property.
Ms Keitany moved to the Court of Appeal seeking to bar Linturi and Atticon Limited, a company associated with him, from evicting her or interfering with the Runda property.
However, Court of Appeal judges Hannah Okwengu, Jamilla Mohammed, and Mbogholi Msagha found her application lacked merit as she has obtained similar orders from a divorce case before the Milimani magistrate court.
According to the bench, Keitany, did not deny that she had obtained other orders from the lower court in her favour.
She had moved to the appeals court in February, after Lands Court judge Edward Wabwoto dismissed her application seeking similar orders as those in her divorce case.
"As the applicant has to establish both the arguability and the nugatory aspects, the applicant has therefore failed to establish the twin limbs for consideration in an application. The upshot is that the application dated February 10, 2022, is without merit and is hereby, dismissed with costs," Court of Appeal judges ruled.
In her appeal, Keitany told the court that she had a huge stake in the property. According to her, she invested Sh71 million in the construction of the house and furnishing it. She claimed Mithika invested nothing in the property.
While urging the three-judge bench to tilt the scales of justice in her favour, Keitany asserted that her appeal will be rendered useless if the court did not intervene.
According to Keitany, her estranged husband had allegedly previously used the property as security for a loan without her consent adding that there is a danger of him either alienating, selling or further using the same as security for a loan.
Keitany faulted Justice Wabwoto arguing that he ought to have considered if the lower courts that are handling four separate cases on the same property have powers to determine land issues and give orders that she was seeking
Linturi, on the other hand, opposed the appeal. He stated that he is Atticon's director. According to him, his estranged wife had filed multiple cases before the court on the same issue.
He accused her of abusing the court process adding that her appeal would not be rendered useless if the application is dismissed.
The former senator urged the court to order Keitany to pay the cost of the application. Keitany and Mithika are involved in a dramatic divorce before the magistrate's court.
Stay informed. Subscribe to our newsletter