Linturi gets a temporary reprieve in Runda property dispute with ex-wife Kitany
The
Court of Appeal has rejected an application by Aldai MP-elect Marrianne Kitany
to contest ownership of a multi-million-dollar property in Runda with her
estranged husband Mithika Linturi.
Three
appeal court judges refused to provide orders to Ms Kitany, preventing Mr
Linturi from evicting her from the mansion in the renowned Runda estate.
Ms
Kitany has received various orders from several courts, including a divorce
case, banning Mr Linturi from evicting her from the residence, according to Justices
Hannah Okwengu, Jamila Mohammed, and Mbogholi Msagha.
“The
intended appeal will therefore not be rendered nugatory if we decline to grant
the orders sought,” the judges said.
Ms
Kitany filed an appeal after a judge of the Environment of Land court refused
her bid to be designated the absolute owner of the contested property in
February.
It
was her claim that she was the rightful owner of the property and that Mr
Linturi held the title in trust for her.
She
stated that she contributed Sh71.4 million to the house’s building and
furnishing, and that additional funds used for construction, acquisition, and
construction expenditures were covered by Atticon Ltd, of whom Mr Linturi is a
director.
She
stated that Mr Linturi did not contribute any money to the acquisition of the
property, despite the fact that the certificate of title is in his name.
She
further told the court that Mr Linturi had previously charged the property to a
bank and got a loan without her agreement, and that there was a serious risk that
he would dispose of, sell, or charge the challenged property again.
Mr
Lunturi objected to the case, claiming that Ms Kitany had filed many claims in
different courts seeking the same or similar relief, and that the case before
the Environment and Land Court was thus an abuse of the court process.
He
also told the court that Ms Kitany had used delaying tactics in the divorce
case, which was filed in 2018, while enjoying the temporary orders.
Ms
Kitany was granted exclusive use of the house awaiting the outcome of the
divorce and property dispute cases.
The
politician was granted entry to the house in November of last year to ensure
that it was well maintained and that all utility bills were paid.
Ms
Kitany, a former chief of staff in the office of Deputy President William Ruto,
went to court to seek protection after the politician threw her out of the
residence.
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According
to the court, the two were married under Meru customary law on April 16, 2016,
with subsequent ceremonies held in December of same year. They shared a
residence in Kileleshwa before getting married.
She
stated that they purchased the Mae Ridge Villa property in 2015, that the
architectural drawings were in her name, and that she supervised the building.
Mr
Linturi, on the other hand, denied marrying her and claimed to be married to
another woman. He allegedly met her in 2013, and she asked him to temporarily
lodge her in one of his homes as well as set up a small office in one of the
rooms at one of this company’s workplaces.