Magistrate overules High Court on man thrown out of Karen home

 Mr Oballa was allegedly thrown out of his house by his wife

Last month, George Oballa was allegedly thrown out of his Sh15 million, eight-bedroom house in Karen by his wife of 20 years. Joan Abila allegedly sent her husband packing for being violent and not providing for their children.

 Children’s Court Senior Resident Magistrate Anne Nyoike had given orders that allowed Abila to take over the couple’s home and have sole custody of their three sons aged 14, 11 and 9.

 But George went back to court and filed an appeal against the children’s court over the matter. He won a temporary reprieve as High Court Judge Weldon Korir ordered that he be allowed back into his Karen residence.

“The execution orders issued by Hon A. Nyoike shall cease forthwith. The petitioner shall continue living in the matrimonial home pending inter-party hearing of the application and further orders of the court,” read the ruling by Judge Korir on February 6.

Twenty days later, Nyoike would dismiss Oballa, saying that her order still stands. In her  ruling last week, she only allowed his supervised access to the three children. Oballa’s lawyer, George Miyare, has questioned the conduct of the Childrens Court.

“A Children’s Court does not pass a ruling on eviction and property. She is not supposed to and we have challenged the order in the High Court,” said Miyare. “We see no reason why all these orders were issued without hearing the other party, nor the subject minors who are competent enough to state their position.”

Miyare told the High Court that the magistrate had used excessive powers and acted beyond her jurisdiction. He argued that the matter not only threatens the livelihood of Oballa, but also the constitutional basis of property ownership and investment.

-Irvin Jalang’o