Evicted husband gets nod to return to Karen home
A man who was kicked out of his matrimonial home by his wife of 20 years won temporary reprieve as a judge ordered that he be allowed back into his Karen residence.
Mr George Oballa was thrown out of his luxurious eight-bedroom house by his wife Joan Abila for allegedly being violent to their children and not providing for them.
High Court Judge Weldon Korir on Monday temporarily quashed the eviction orders issued by a lower court.
Mr Oballa moved to the High Court seeking to quash Senior Resident Magistrate Anne Nyoike’s orders that allowed Ms Abila to take away their property estimated at Sh15 million and to have sole custody of their three sons aged 14, 11 and 9.
While certifying the suit against the magistrate as urgent, Justice Korir ordered the estranged couple to continue living as they were before the eviction orders were issued.
This implies that Ms Abila will take back the property and the children.
“The execution of the orders issued by the magistrate shall cease forthwith. The status quo as at the time of the issuance of this order shall be maintained.
“Mr Oballa would continue residing in their matrimonial home pending the inter-party hearing on February 11,” ruled Mr Justice Korir.
Mr Oballa, through his lawyer George Miyare, told the court the magistrate had used excessive powers and acted far beyond her jurisdiction.
GRAVE PUBLIC MATTER
He argued the suit matter not only threatens the livelihood of Mr Oballa, but also the constitutional basis of property ownership and investment.
The lawyer termed the suit as a “grave public interest matter”.
Even though Ms Abila had told the magistrate of her husband’s alleged violence and not providing for the family merely because he is retired, Mr Oballa insisted she is the one who abandoned the family home and moved in with her mother in Gigiri.