A magistrate’s court has reinstated orders barring Meru senator Mithika Linturi from evicting his estranged wife Marriane Kitany from their palatial Runda mansion.
Kitany will now be able to return to the home. Senior resident magistrate Isaac Orenge ordered the Runda police station boss to enforce the orders to ensure the family enjoys peace. The orders stopping Linturi from evicting Kitany were lifted on December 11.
The effect of the orders led to Linturi storming the residence and denying Kitany access. But Kitany immediately filed another application that sought to have the order dismissing her suit set aside. She argued that there was a threat to her life if the court failed to reinstate the order that barred Linturi access.
Her lawyers said the matter had not been listed on December 11. They blamed the registry for the mistake.
Magistrate Orenge, in his brief ruling, said, “I find that the door of justice is not closed because a mistake has been made by a lawyer. This was the first time Kitany advocate had failed to attend court and the application was brought without delay. I allow the application in terms of Prayer 3 and order that the application be fixed forthwith for hearing.”
Although Linturi was opposed to the reinstatement of the suit, the magistrate restored it on grounds that the reasons for nonattendance were explained.
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