The Nairobi Milimani Commercial Court on Monday, February 13, allowed auctioneers to evict Aldai lawmaker Maryanne Kitany from the Runda home that she shared with her estranged husband Agriculture Cabinet Secretary Mithika Linturi.
The order by Chief magistrate Wendy Micheni directed the OCS Runda police station to provide security to the auctioneers who would evict Keitany.
Equally, the court considered previous orders dated September 27, 2022, and a ruling by Judge Maureen Odero dated January 20, 2023.
“It is hereby ordered that the Officer Commanding Station (OCS) Runda Police Station, Nairobi or any other officer from the mentioned station of the rank above an Assistant Inspector of police be and is hereby ordered to provide security and police assistance in evicting Hon. Maryanne Jebet Keitany from House Number 16 Mae Ridge County Villas on LR No. 7785/1324 (IR NO123703) situate in Runda Estate Nairobi,’ the court order read.
Kitany was seeking an injunction to overturn a decision by Chief Magistrate Heston Nyagah to allow Linturi to kick her out of the house because they were not married.
Linturi and Kitany have been in a protracted court battle with the Aldai lawmaker claiming to have contributed almost the whole value of the house.
Previously, Kitany had requested in her appeal that Justice Odero halt the execution of the ruling allowing Linturi to evict her from their Runda house.
Linturi objected to the appeal, claiming it was an abuse of the legal system as the Court of Appeal was now considering an application with a similar request for relief that was filed on September 19, 2022.
“Maryanne wants to continue living in the palatial home for the sixth year running yet the court had established that there was no marriage between me and the appellant,” the defence argued.
On her part, Kitany pleaded that the determination of her suit is first heard.
“This honourable court be pleased to issue orders of injunction and preservation restraining Linturi his agents or any other person acting on his behalf or under his instructions from evicting, interfering, 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,” she petitioned.
It was this application that Justice Odero dismissed after finding no orders to stay from the magistrate's ruling.
