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A family court has dismissed Aldai MP Marianne Kitany's application seeking to bar Agriculture Cabinet Secretary Mithika Linturi from evicting her from the Runda home until an appeal she filed is heard and determined.
Kitany had asked the court to bar Linturi from either interfering or evicting her from the contested property pending the appeal she filed challenging a finding that she was not married to him.
Justice Maureen Odero said that although the magistrate's court stated that there was no marriage between the two, it did not order either of them to act or stop doing anything.
"The finding of the learned trial magistrate that no marriage existed between the parties is not an order capable of execution. Neither the applicant nor the respondent was directed to do or refrain from doing any act as a consequence of the order dismissing the suit. There is therefore nothing to stay," ruled Justice Odero.
The appeal before the judge is still pending and Kitany has a separate case where she claims that she solely built the house.
In the application, Kitany told the court that the temporary orders that she had secured to preserve the property known as Mae Ridge Country Villas No 16 lapsed after Heston Nyaga (now a High Court judge) delivered his judgment on September 27, 2022.
The MP stated that she feared she would be evicted from the home which she occupied with Linturi until they broke up.
Kitany told the court that she still occupies the house. She expressed fears that she was likely to be rendered homeless if the court did not intervene.
Linturi argued that she had sought similar orders at the Court of Appeal but it declined to rule in her favour.
He argued that she has access to a generous housing mortgage by virtue of her status as a Member of Parliament and therefore capable of securing alternative first-class accommodation for herself pending the hearing and determination of the appeal.
Linturi said that following the dismissal of the case by the lower court, Kitany was unfairly prolonging her stay.
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