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Machakos Governor Alfred Mutua has lost an ownership battle for a multi-million shilling property to his former wife, Josephine Thitu.
Mutua had moved to the High Court seeking to regain part of the multi-million shillings worth of property he had surrendered to Josephine.
However, on Friday Justice William Musyoka dismissed suit and ordered the Governor to pay his ex-wife costs of the case. In his ruling in favour of Ms Thitu, a pharmacist, Justice Musyoka noted that the contested issues had been settled in a different suit.
Mutua and Josephine got married on July 1st, 2000, but separated on August 19th, 2015, with court records showing that their divorce was settled in Australia.
“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,” the judge ruled.
At the heart of the dispute between Mutua and his former wife are plots of land in Mavoko town, Iveti Hills, Kamulu in Nairobi, a plot in Malili and three others in Simisi/Ilamba in Kitui.
“It was ordered that for LR No 7158/32 (IR No 108085/1), both parties have equal rights to it, and any transfer or division thereof would be by consent and agreement of the parties or after determination of the status of the marriage or separation of the parties,” the judge said.
Peter Mwaniki ·
https://i.imgur.com/5SOyrlC.jpg
~ '72 best KPE student, a devout Christian, mother of two boys & a girl, Dr. Josephine Thitu Maundu PhD (Doctor of Pharmacy), professional careers in US, Australia, world organizations and Kenya, initiated many health programs in Kenya ... omnia benedictus Deus!