The High Court has directed that security agents manning a palatial residence in Nairobi’s Runda estate under the instructions of Meru Senator Mithika Linturi be withdrawn.
While issuing the directive, Justice John Onyiego held that the manner in which Linturi’s estranged wife was evicted was unlawful and in bad faith.
The Judge said there are other legal, sober, humane and lawful ways of moving out even a ‘visitor’ from one’s residence.
“One should not be violently evicted in the manner Kitany was evicted while the dispute was pending in court. It was by all standards an impetuous decision,” he said.
The judge also dismissed claims that the stay of Kitany in that residence could not have been that of an ordinary visitor as Linturi would want court to believe.
“There is no dispute that Kitany has been staying at Runda residence from where she was forcefully evicted allegedly on being a stubborn visitor,” he said.
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Linturi was also temporarily restrained from from wasting, damaging, alienating or interfering with six properties in Kajiado.
Also issued was an order restraining Linturi from evicting or in any way interfering with peaceful living of Kitany in the matrimonial homes in Maua, and Runda.
Onyiego said if the property is not preserved, Kitany will definitely suffer irreparable damage should the same change hands to third parties. He directed the OCS Runda Police Station is directed to ensure compliance by providing security to Kitany during her return to Runda Home
The judge however said it is not for him to dictate who should visit who or who should not stay in the house based on allegations of domestic violence.
He further noted that the proceedings pending before the magistrate’s court do not affect the orders of his court in so far as preservation and division of matrimonial property is concerned.
Also issued was an order restraining Linturi from damaging or otherwise interfering with the Range Rover and Toyota Lexus. The said motor vehicles according to the Judge shall continue being used by their current users but without changing ownership.
A temporary injunction was also issued against Linturi and his agents restraining them from accessing, utilising withdrawals or any other transaction or otherwise interfering with monies held in Cooperative, Family, Standard, Credit and Equity Bank Accounts. Kitany started cohabiting with linturi sometime in 2013.
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