The estranged wife of former Machakos Senator Johnson Muthama has lost her bid to keep her matrimonial home in Mua, Machakos County, after a court declared her officially divorced.
Ms Agnes Kavindu had moved to court in 2014 seeking to stop Mr Muthama from evicting her from the matrimonial home, arguing that she had a right to occupy it.
But after a six-year battle, Justice John Oyiengo ruled that Mr Muthama had divorced her, so she was not entitled to live in the home.
A ruling seen by the Nation says Mr Muthama had indicated that she had not lived in the house since August 2017, having moved to Nairobi.
He told the court that he had been reliably informed by his son, security guards and farm manager at his Mua farm that before the August 8, 2017 General Election, Ms Kavindu had, of her own volition, moved out of the home to Flat B, Ebony Court in Kileleshwa, off Kangundo Road.
Through his lawyers, the former senator accused Ms Kavindu of trying to use the court to declare her a spouse through the back door.
“With this kind of information and evidence which remains uncontroverted, an order to restrain eviction cannot apply as there is nobody to evict or injunct against,” the judge said.
“For the above reasons stated, it is my finding that the application is not merited and the same is dismissed with no order as to cost,” he added.
Through an originating summons dated September 3, 2014, Ms Kavindu sought that the matrimonial properties acquired and held in trust by Mr Muthama during their marriage be shared equally.
She simultaneously sought an injunction against Mr Muthama, prohibiting him from evicting her from their Mua property and further restraining him from disposing of, selling, transferring or any dealings in respect of the subject properties.
EX PARTE ORDER
Consequently, an ex parte order was issued, directing that she should not be evicted from the matrimonial home between September 4, 2014 and September 11, 2014. The order was late extended.
Ms Kavindu said they got married sometime in 1975 but divorced in 1983, but they had three children, all of whom were adults.
She said in 1995, they reconciled and remarried under the Kamba customary law, leading to the birth of their fourth child.
Mr Muthama acknowledged that they had another child, and that he did allow her to go and live in his Mua farm.
However, he says the reason was to enable her to live with their children, but as a licensee, not as a wife, as Ms Kavindu claimed.