Muthama's estranged wife loses bid to live in Mua house

The estranged wife of former Machakos Senator Johnston Muthama has lost an application seeking to continue living in their Mua property, pending an appeal she intends to file.

Justice John Onyiego dismissed Ms Agnes Kavindu’s application saying she had not tabled evidence to show that she resides in the contested house. The judge agreed with Mr Muthama that the house, which she claimed, had been abandoned and he was in the process of renovating it.

Mr Muthama told the court that Ms Kavindu moved to Nairobi in 2017. She had gone back to court, seeking to stop her imminent eviction as she pursues an appeal.

In February, Ms Kavindu failed to convince another judge that they were married and that she had interest in the property in Mua, Machakos County.

Justice William Musyoka had ruled that although Mr Muthama and Ms Kavindu were married in 1975, the two dissolved their marriage after about 8 years. And although they came together later in 1995, it was not remarriage but she was allowed into his home as the mother of his daughter.

Ms Kavindu had sought declarations that Mr Muthama held certain properties in her trust and that she was entitled to equal share either in cash or kind to proceeds of sale or transfer of any property sold.

She also wanted Mr Muthama to account for all the income received from said properties and an injunction restraining the former Legislator from evicting her from Mau home. Ms Kavindu told the court they married under customary law in 1975 and were blessed with three children.

She said the marriage was dissolved in 1983 but they later they came back together in January 1995. During the second union, Ms Kavindu said they cohabited in his Runda home.

She said she quit her job to take care of the family and the farm, at his request. They were blessed with another child in 1996, she said. She said she relocated to Mua home in November 1996 where she has been residing.

Ms Kavindu also accused him of withdrawing all his support and even disconnected electricity to the home and removed household goods.

Mr Muthama, however denied remarrying her. He said after the dissolution of the marriage, he was granted custody of the children in 1991. The former Senator said he married Joyce Nzisa but later separated and later in 2008, he married Jemimah Mumbua Musyoka.

He maintained that the divorce of 1983 was still legal and that the dowry was returned. He said the process of acquiring Mua property commenced after divorce and was completed in 1994 and the decision to quit her job was her won. He dismissed the alleged reconciliation meeting and that he only allowed her in his properties because of their young child.

The former Senator said he decided to settle his three families on the Mua property in 2014, hence the reason he wanted her out.