A Nairobi magistrate has allowed Meru Senator Mithika Linturi to access his Runda home to ascertain whether it is well-maintained.
The Runda home was granted to his estranged wife Marianne Kitany for exclusive use, pending determination of divorce and property cases before the court. But the legislator went back to court saying he should be allowed to access the home for purposes of ensuring that it is well-maintained and utility bills have been paid.
Milimani Principal Magistrate AN Makau allowed Mr Linturi limited access to the home, but said he must observe orders barring him from evicting Ms Kitany.
The magistrate also directed Ms Kitany to settle all pending bills, such as land rates, electricity and water, within 21 days failure to which Mr Linturi will make an application for the variation of the order granted to her to occupy the house.
Exclusive use
In 2018, Principal Magistrate Isaac Orenge granted Ms Kitany exclusive use of their shared residence in Runda and barred Mr Linturi from accessing it.
He was also barred from harassing, intimidating, abusing or threatening her whether physically or sexually.
“That the protection order in favour of the applicant/respondent for exclusive occupation, user and possession of the shared resident (the suit property) is varied to give the respondent/applicant limited right of access and use of premises,” the court said, adding that the Runda police boss should ensure the orders are complied with.
The court said that should Ms Kitany fail to clear the bills as directed in the next 21 days, Mr Linturi will be at liberty to apply before the High Court for her to vacate the home.
Ms Kitany, a former chief of staff in Deputy President William Ruto’s office, moved to court seeking protection after the legislator threw her out of the house.
Customary law marriage
The court heard that the two were married under Meru customary law on April 16, 2016, followed by ceremonies conducted later in December of that year. Before getting married, they had cohabited in her house in Kileleshwa.
She said they bought the Mae Ridge Villa property in 2015 and the architectural drawings were in her name and that she supervised the construction.
But Mr Linturi denied marrying her and maintained that he was married to another woman. He allegedly met her in 2013 and she asked him to accommodate her temporarily in one of his houses and also to allow her to establish a small office in one of his companies.
Last week, the court also directed both parties to ensure their witnesses turn up in court for the hearing of the divorce case.
Ms Kitany will call 13 witnesses while Mr Linturi has two witnesses. BY DAILY NATION