The Court of Appeal has dismissed an application by Aldai MP-elect Marrianne Kitany over the ownership of a multi-million property in Runda with her estranged husband Mithika Linturi.
Three judges of the appellate court declined to grant orders to Ms Kitany, stopping Mr Linturi from evicting her from the house in prestigious Runda estate.
Justices Hannah Okwengu, Jamila Mohammed and Mbogholi Msagha noted that Ms Kitany has obtained several orders from different courts, including a divorce case, barring Mr Linturi from evicting her from the house.
“The intended appeal will therefore not be rendered nugatory if we decline to grant the orders sought,” the judges said.
Ms Kitany moved to the appellate court after the application to be declared the absolute owner of the disputed property was dismissed by a judge of the Environment of Land court in February.
It was her argument that she is the owner of the property and that Mr Linturi held the title in her trust.
She claimed that she contributed Sh71.4 million for the construction and furnishing of the house and other monies that were used towards the construction, acquisition and construction costs were met by Atticon Ltd, where Mr Linturi is a director.
She said Mr Linturi did not contribute any money towards the purchase of the property although the certificate of title is registered in his name.
She further told the court that Mr Linturi had previously charged the property to a bank and obtained a loan without seeking her consent and therefore, there was a real danger that he will dispose, sell, or further charge the contested property.
Mr Lunturi opposed the case saying Ms Kitany has filed multiple suits in various courts seeking the same or similar reliefs and the case before the Envirnment and Land court was therefore an abuse of the court process.
He further told the court that Ms Kitany had employed tactics to frustrate the determination of the divorce case, which was filed in 2018, while enjoying the temporary orders.
Ms Kitany was granted the exclusive use of the house, pending determination of divorce and property fight cases.
The legislator was allowed to access the home in November last year, for purposes of ensuring that it is well maintained and utility bills have been paid.
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.
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 under 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 establish a small office in one of the rooms, in one of this company’s offices.