Court Gives CS Linturi Nod to Evict Aldai MP Kitany from Runda Home

Agriculture CS Mithika Linturi had the last laugh after a High Court allowed him to kick out his estranged wife from his Runda residence.

Aldai MP Marianne Kitany had sought orders to be allowed to continue residing in the former Meru senator’s home.

Kitany had petitioned the court to reverse orders issued by Chief Magistrate Heston Nyagah, permitting Linturi to evict her from the home since the two had not entered into a subsistence marriage.

“I have no jurisdiction to entertain the appeal following a dismissal of the same application by the court of appeal,” Justice Maureen Odero ruled on Friday.

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She requested in her appeal that Justice Odero halt the execution of the ruling allowing Linturi to evict her from their home in Runda.

“This honourable 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,” the lawmaker pleaded with the court.

But the CS opposed the appeal through his attorney Muthomi Thiankolu, claiming it was an abuse of the legal system given that similar cases from September 19, 2022, seeking the same or substantially similar reliefs, were still ongoing in the court of appeal.

On February 10, 2022, the applicant filed a similar case with the court of appeal seeking similar orders.

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Linturi added that the court of appeal had rejected the said prayers three times in a row.

“Kitany 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 appellant,” Linturi argued.

The two had been embroiled in a nasty divorce case since 2019 but it was thrown out in September 2022 after a court ruled that the lawmaker had not proved that she and the minister were legally married.

The court noted that Linturi was in a monogamous marriage with Mercy Kaimenyi and therefore could not hold any other form of marriage.

“Mithika Linturi could not contract a Nandi customary marriage or any other form of marital union with Maryanne Kitany. The customary law union alluded to by Maryanne Kitany would not suffice as a marriage under the laws of Kenya,” it stated.