Help me kick out ex-wife, man asks CJ Koome

A man has appealed to Chief Justice Martha Koome to intervene in a matter in which he is seeking to evict his former wife from his home.

David Munyao Nduli whose marriage to Agnes Kathule Munee was dissolved by Mwingi Law Courts in August 2021 told Kitui High Court Judge Robert Limo that he wants Justice Koome to constitute a three-judge Bench to hear his petition which he claims has dragged in court for three years, thus putting his life in danger. 

While representing himself,  Nduli who lives in Nairobi also told Justice Limo that he wants the CJ to give directions on whether Nzili & Asumbi Advocates, a law firm belonging to a sitting judge of the Environmental Court which is based in Mwingi town is qualified to offer legal representation to his former wife.

The law firm is representing the man’s estranged wife in a matrimonial property suit which she filed soon after he filed the eviction petition following the dissolution of their marriage.

“Justice and morality demands that the firm of Nzili & Asumbi Advocates be disqualified from acting for the respondent to dispel the perception that she is being represented by a judge before another judge,” Nduli said in an application he filed at Kitui High Court on March 1, 2024.

Justice Limo however, directed the man to file a formal application before the High Court highlighting the substantial issues which would warrant the constitution of a three judge bench by the Chief Justice. The judge said he will give directions once the application is filed.

The marriage between Nduli and  Munee which was solemnised on October 9, 1999 was dissolved on grounds of cruelty, adultery and willful neglect.

In seeking orders to have his former wife evicted from his home, Nduli told the court that the house in Ukasi, Mwingi Central, stands on ancestral land and was not acquired during the subsistence of their marriage thus it does not form part of the matrimonial property.

He wondered for how long he would be forced to live with the woman after their marriage was legally annulled.  The couple shared the same compound with Nduli’s parents and his two brothers.

“The relationship between the respondent (former wife) and my parents is toxic and dangerous hence it is only fair and just that she leaves and gives us our space,” he argued in his petition. 

The man who has since fled from his home fearing for his life says that it is dangerous for his former wife to continue living at his home after the acrimonious divorce. He has reported threats to his life at Ukasi and Nguni Police Stations.

“It is highly provocative for me and my parents to continue seeing the respondent every morning in the same compound. Unless she is ordered out of my home, then my winning of the divorce case would be useless,” Nduli told the court while claiming he was now living like a squatter at a friend’s home.