• The order by magistrate Wendy Micheni directed the OCS Runda police station to provide security to the auctioneers in evicting Kitany
• In September, magistrate H Nyaga, now judge of the High Court, ruled that Kitany was never married to Linturi as she had alleged.
Image: FILE
Aldai MP Maryanne Kitany may be evicted from the Runda home she shared with Agriculture CS Mithika Linturi before their bitter fallout more than six years ago.
John Mutwiri Mbijiwe of Bealine Auctioneers had filed a notice of motion dated February 7, seeking orders to allow them to evict Kitany from the house.
Bealine Auctioneers filed the application alongside Linturi, who was the second applicant.
The auctioneers are not going after Kitany because of any debt but they have been contracted by Linturi to evict her from the house, which he claims belongs to him.
Kitany has been enjoying the rights of the house due to court orders barring Linturi from evicting her. But after the ruling on their marriage, Linturi went after the house which they both laid claim to in their court papers.
In an amended order signed on February 13, the commercial court gave auctioneers the green light to evict Kitany from the home. This was after the High Court in January declined to give her orders stopping Linturi from evicting her from the house.
In the order, which was initially issued on February 7, magistrate Wendy Micheni directed the OCS Runda police station to provide security to the auctioneers in evicting Kitany.
“That the OCS Runda police station or any other officer from the station of the rank above the assistant inspector of police be and hereby ordered to provide security and police assistance in evicting Hon Maryanne Kitany from House no 16 Ridge County Villas in Runda Estate,” the order reads.
In September, magistrate H Nyaga, now a High Court judge, ruled that Kitany was never married to Linturi, as she alleged.
During their divorce hearings, Kitany claimed that she helped Linturi to build the house in Runda and even a rural home in Meru, which Linturi denied.
Nyaga had ruled in Linturi’s favour saying there was no marriage between the two.
Kitany had claimed in her court documents that they had a customary marriage in her home but the court said that marriage cannot be recognised in the Kenyan law.
She attached photographs showing Linturi at their home where he had allegedly gone for their traditional marriage ceremony.
Nyaga said that from evidence produced Linturi was in a monogamous marriage with Mercy Kaimenyi and could not hold any other form of marriage including polygamy.
In January, Justice Maureen Odero declined to give orders stopping her eviction pending determination of her appeal.
The judge dismissed an application by Kitany seeking temporary orders to be allowed to continue living in the Runda house.
Justice Odero said she had no jurisdiction to entertain the appeal following a dismissal of the same application by the Court of Appeal.
In the appeal, she was seeking an order that justice Odero suspends the execution of the judgment permitting Linturi to kick her out of their Runda home.
She was also seeking an order to stay execution of the judgment of magistrate Nyagah which said there was valid marriage between the two.
"This honourable court be pleased to issue orders of injunction and preservation restraining Linturi his agents, assigns or any other person acting on his behalf or under his instructions from evicting interfering, disposing, 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," Kitany urged the judge.