Bernice Mbugua @BerniceMuhindi
Meru Senator Mithika Linturi’s estranged wife, Marrianne Kitany, will now return to her Runda home after a magistrate’s court reinstated orders barring the legislator from evicting her.
Senior resident magistrate Isaac Orenge ordered Runda OCS to enforce the orders allowing Kitany back to her home.
The orders barring the senator from evicting Kitany had been lifted on December 11 and the suit dismissed for want of prosecution and non-attendance by Kitany’s lawyers.
Before the orders were lifted, Kitany had been granted exclusive occupation of the besieged couple’s shared residence.
Linturi had further been barred from loitering near the home or any other place where his wife frequents and not to make any contact with his wife unless permitted by the court, nor threaten to damage any of her property.
When the court vacated the said orders, Linturi stormed the said residence and allegedly destroyed property and denied her access.
However, Kitany filed another application seeking to have the order dismissing her suit set aside saying the matter was dismissed without her presence.
According to her lawyers, the matter had not been listed on December 11, and there was a mistake on the part of the registry.
She further argued that there was a threat to her life. The application was opposed by Linturi’s lawyers who argued that Kitany had filed a similar suit in Meru seeking the same orders in the present application.
He urged the court not to reinstate the present suit as Kitany had notice of the matter coming for hearing. The magistrate reinstated the previous orders saying the reason for non-attendance was explained. Orenge directed that the matter is argued on January 14.