A court has allowed former Machakos Senator Johnson Muthama to evict his ex-wife Agnes Kavindu from their home in Mua, Machakos County.
This is after the Court of Appeal dismissed an appeal made by Kavindu on March 14 after Muthama was given the green light to evict her by High Court Judge William Musyoka.
Court of Appeal Judge J. N Oyiengo maintained that the duo's 1983 divorce is still valid despite the fact that they later reunited and cohabited for some time.
"Concerning whether the matter is jurisdicata and that the court is functus officio, I hold that I have not been invited to determine the suit nor the applications determined by my colleague," said Judge Oyiengo.
"The same cannot amount to jurisdicata nor is the court functus officio. In the same vein I'm not sitting in any appellate capacity or the decision of my brother," he added.
Kavindu had filed an appeal seeking to bar Muthama from evicting her and also applied for an injunction barring any sale, disposal, alienation or any dealings with the property.
The two who got married in 1975 divorced after eight years and have three children.
They have been embroiled in the dispute since 2014 after Muthama sought to dispose of the property.