A second application by Machakos Woman Rep Agnes Kavindu seeking to share in former Senator Johnson Muthama's wealth has been dismissed by the High Court.
Justice John Onyiego of Milimani Family Division dismissed the application on the basis that it had no merit.
Kavindu had made the application to have her case retained in the High Court as she filed for an appeal.
She also urged the court to exercise its inherent powers to grant her an injunction pending appeal.
In February, High Court judge William Musyoka had dismissed the case where she sought a declaration that she is still the wife of Muthama.
Another application by the MP, which sought a declaration that matrimonial properties are shared equally and Kavindu not be evicted from their Machakos home, was also dismissed by Justice Onyiego last Friday.
Muthama had filed his replying affidavit, saying that he never remarried Kavinda at any point.
He also stated the appeal is not merited as it seeks injunctive orders against properties that belong to companies who are not parties to the suit.
The former senator accused the applicant of coming to court with dirty hands-on account of non-disclosure of material information thereby misleading the court to issue unwarranted orders.
During the earlier ruling by Justice Musyoka, he said that Kavindu, who divorced Muthama in 1983, has not proved that they remarried and started living together.
Kavindu had sought declarations that Muthama held certain properties in her trust and she was entitled to equal share either in cash or kind to the proceeds of sale or transfer of any property sold.
That the respondent accounts for all the income received from the properties, that an injunction is issued to restrain Muthama from evicting her from a property at Mua, Machakos county, among others.
Kavindu told the court she married Muthama under Kamba customary law in 1975, and they had three children. The marriage was dissolved in 1983.
She claimed they remarried in January 1995 and cohabited at a property in Runda, Nairobi.
She quit employment, at the request of Muthama to take care of the family farm.
“We got the fourth child in January 1996 during the course of the resumed cohabitation,” she said.
In November 1996, she moved out of the Runda home to the family home in Mua.
But Muthama told the court they did not remarry and accused the Woman Rep of non-disclosure.
He said they married in 1975, by which time Kavindu had one child and thereafter they got two children.
The respondent confirmed their marriage was dissolved by judicial decree in DC No 5 of 1983.
He subsequently obtained a custody order for the three children in 1991.
Edited by N. Mbugua
