NAIROBI, Kenya, Feb 16 – A Nairobi Court has suspended the intended eviction of Aldai Member of Parliament Marianne Kaitany from Agricuture Cabinet Secretary Mithika Linturi’s home pending the hearing of an application against it.
In her ruling, Chief Magistrate Wendi Mucheni stayed earlier orders she had issued on Monday, allowing an application by an auctioneer to evict her.
She stated that the eviction will be suspended until next Wednesday when further direction shall be given.
The High Court on January 20 dismissed Kitany’s claim on the house.
The ruling was the climax of a litany of suits pitting the two against each other in a divorce case that culminated in a finding that the was “no marriage”, civil or otherwise when the two allegedly lived together.
While citing jurisdictional limitation, Justice Maureen Odero said Keitany’s prayer to continue staying in the Runda home could not be allowed.
She had moved to court seeking to suspend the execution of a judgement by a magistrate court allowing Linturi to evict her.
Linturi’s legal team had asked Justice Odero to affirm Chief Magistrate Heston Nyagah’s decision in September 2022.
“Marianne wants to continue living in the palatial home for the sixth year running yet the court had established that there was no marriage between me and the appellant,” Linturi told the court.
Keitany had sought an injunction against eviction by Linturi or his agents pending determination of her suit.
“This honorable court be pleased to issue orders of injunction and preservation restraining Linturi his agents or any other person acting on his behalf or under his instructions from evicting, interfering, ejecting or in any way interfering with quiet possession, stay and occupation of the house known as Mae Ridge County Villas No16 erected on LR No.7785/1324(I.R123703) pending the hearing and determination of the appeal,” she pleaded.
