Meru Senator Franklin Mithika Linturi has again been barred by a Nairobi court from accessing their house in Runda.
Senior Resident Magistrate Isaac Orenge issued the orders reinstating the application by his wife Marianne Kitany.
Last year, Kitany’s application was dismissed for want of prosecution/non attendance.
After reinstating the application and the orders issued, Magistrate Orenge ordered Officer Commanding Station, Runda police station to ensure compliance of order.
In December Last year, Linturi allegedly stormed the shared home in Runda’s Mae Ridge Country Villas with a bunch of goons and destroyed property.
In his ruling, Orenge and ordered it fixed forthwith for hearing.
Lawyer Dunstan Omari had told the court that Kitany’s previous advocate had failed to turn up for the hearing and Linturi’s lawyer applied to have the application dismissed.
Omari applied to have the application reinstated to allow his client argue her case.
“I find that the door of justice is not closed because a mistake has been made by a lawyer,” ruled the magistrate.
The court further stated, “this was the first time the plaintiff’s advocate had failed to attend court and the application was brought without delay.”
Efforts by Linturi’s lawyer to have the orders allowing Kitany back to her home vacated were futile.
The court heard that Kitany has filed six other cases against the Senator in different courts.
The matter will be heard on 14th January 2019.
