Former Machakos Senator Johnstone Muthama was given the green light to kick out his divorced wife from his Mua home.
The High Court ruled in favor of Mr Muthama, stating that Agnes Kavindu Musyoka was not the former Senator’s wife as they had divorced in 1983. According to the court, although Ms Musyoka was living on Mr Muthama’s property in Mua, Machakos County, it was at the latter’s will but not as a wife.
Justice William Musyoka’s ruling read: “The picture that emerged was not that of a spouse but of a person accommodated initially as a mother of the respondent’s (Muthama) daughter.”
Court documents indicated that Muthama had married Ms Musyoka in 1975 under the Kamba customary law but their marriage had been dissolved by the court in 1983.
The two were said to have had an affair in 1996 where they had another child and Ms Musyoka termed this relationship as a remarriage claims Mr Muthama dismissed.
In 2014, Ms Musyoka filed a case in court in a bid to stop Muthama from evicting her from the ‘matrimonial home’ on the grounds that she had a right to occupy it.
This same year Mr Muthama asked her to vacate his Mua property as he had plans to move in his three families.
However, Muthama told the court that despite the divorce Ms Musyoka had continued to use his name as he dismissed claims that she had campaigned for him.
Through her lawyer Judy Thongori, Ms Musyoka applied to the court to suspend the ruling that also ordered her to pay Muthama the cost incurred in the suit pending hearing and determination of the intended appeal.
Justice Asenath Ongeri allowed her to appeal against the ruling, adding that she should file a formal application within seven days to have the decision suspended and serve Muthama.