Machakos Governor Alfred Mutua has lost a suit to his ex-wife, Josephine Thitu, after he sought the court to divide property worth millions of shillings acquired during his first marriage.
High court Judge William Musyoka ruled out the case lodged by Mutua stating that the issues documented in the case had already been solved in a separate suit.
To make the matter worse, the judge ordered Mutua to foot the costs incurred in the suit.
“A court cannot try the issues raised in this cause without having to determine the same points of law that were conclusively settled by the court in HCJSC No 45 of 2014. Consequently, I shall uphold the objection and strike out the suit herein, with costs to the defendant,” Justice Musyoka said.
Governor Mutua and Ms.Thitu tied the knot in July 2000 in a colorful wedding ceremony and separated in August 2015 citing irreconcilable differences.
According to court records, their separation was heard and settled in Australia.
The crux of the dispute is a multi-million estate and three children.
Thitu told the court that the governor had transferred plots in Mavoko, Nairobi, Malili and three others at Lamba in Kitui to her, two of which she was in possession on behalf of her children.
“The rest of the assets were retained by the plaintiff. The court has no jurisdiction to entertain the suit as the property was divided upon the breakdown of the parties’ marriage,” Thitu stated.