The high court has allowed Agriculture CS Mithika Linturi to kick out the Aldai Mp Marianne Kitany from his Runda residence.
Kitany had moved to court seeking orders to quash a decision by Chief Magistrate Heston Nyagah to allow Linturi to kick her out from the house as there was no subsistence marriage between the two.
In a ruling by Justice Maureen Odero, the court dismissed an appeal by Kitany seeking orders to be allowed to continue living in the Runda house.
Justice Odero said she has no jurisdiction to entertain the appeal following a dismissal of the same application by the court of appeal.
In the appeal she was seeking an order that justice Odero suspends the execution of the judgement permitting Linturi to kick her out of their Runda home.
She was also seeking an order to stay execution of judgement of Magistrate Nyagah which said there was valid marriage between the two.
The CS through his lawyer Muthomi Thiankolu objected to the appeal saying it's an abuse of the process of court since there has been a similar application dated September 19th 2022 seeking identical or substantially similar relieves pending in the court of appeal.
The court of appeal dismissed a similar application by the applicant on February 10th 2022 which sought a similar relieve.
Linturi further argued that the court of appeal had dismissed the appeal on three separate occasions.
"Maryanne wants to continue living in the palatial home for the sixth year running yet the court had established that there was no marriage between me and appellant " Linturi told the court.