Blow to Mary Keitany after losing case barring Mithika Linturi from evicting her
Aldai Member of Parliament (MP) – elect Marianne Keitany has suffered a huge blow after losing a case to bar her estranged husband Mithika Linturi from evicting her from their opulent matrimonial property.
The Court of Appeal today dismissed an application by Keitany after she moved to seek the courts to bar Linturi and Atticon Limited, a company associated with him, from evicting her or interfering with the Runda property.
However, Court of Appeal judges Hannah Okwengu, Jamilla Mohammed, and Mbogholi Msagha said her application lacked merit as she has obtained similar orders from a divorce case before the Milimani magistrate court.
“As the applicant has to establish both the arguability and the nugatory aspects, the applicant has therefore failed to establish the twin limbs for consideration in an application. The upshot is that the application dated February 10, 2022, is without merit and is hereby, dismissed with costs,” Court of Appeal judges ruled.
According to the bench, Keitany did not deny that she had obtained other orders from the lower court in her favour where she had moved to the appeals court in February, after Lands Court judge Edward Wabwoto dismissed her application seeking similar orders as those in her divorce case.
Keitany faulted Justice Wabwoto arguing that he ought to have considered if the lower courts that are handling four separate cases on the same property have powers to determine land issues and give orders that she was seeking.
Linturi, on the other hand, opposed the appeal.
According to him, his estranged wife had filed multiple cases before the court on the same issue.
He accused her of abusing the court process adding that her appeal would not be rendered useless if the application is dismissed.
