High court has issued orders of preservation of property jointly owned by Meru Senator Mithika Linturi and Marianne Kitany.
This is pending the determination of a case filed by Kitany against the senator.
Justice John Onyiego also issued temporary restraining orders barring the lawmaker and the former Deputy President William Ruto’s chief of staff from accessing, withdrawing or interfering with the monies held in several bank accounts.
The properties the court ordered to be preserved include the disputed Runda home, two vehicles, monies deposited in several accounts and parcels of land in Kajiado County.
Justice Onyiego also ruled that Kitany was not an ordinary visitor in the ordinary sense of the word ‘visitor’ as alleged by the respondent.
He said she is entitled to resume back to the disputed residence pending hearing and determination of the dispute suit.
Kitany’s lawyer Danstan Omari argued that they agreed to buy Mae Ridge Country Villa in 2015 and she took part in the construction of the property and another one in Meru.
The court also directed that the security personnel hired by Linturi at the Runda home be withdrawn and the couple to make arrangements to get joint security to man the premises.
According to Omari, it was the Senator who persuaded her not to look for another job after she lost her job at Deputy President William Ruto’s office.
They had then agreed that she would be the manager and in charge of their family businesses and several companies.
According to the material placed before court by both parties, the stay of Kitany in the residence could not have been that of the ordinary visitor as Linturi would want the court to believe. There is more than meets the eye, the judge said.
Eviction
In December, Linturi had forcefully evicted Kitany from the Runda home.
He termed the eviction as lawful and justified that Kitany was a visitor requiring no notice to vacate the house.
On Tuesday, Senior Resident Magistrate Isaac Orenge allowed Kitany back to the house pending the determination of the case.
Justice Onyiego ruled there are other legal, sober, humane , lawful and procedural ways of moving out even a ‘visitor’ from one’s residence.
