Give me access to my house, pleads husband
A man who was evicted from his home in Karen on Wednesday asked the court to lift the orders that led to his eviction.
The man pleaded with Principal Magistrate Anne Nyoike to lift the orders she had issued to his estranged wife blocking him from accessing his matrimonial home.
Through his lawyer George Miyare, the estranged husband claimed that it was his wife who had deserted her family, moved to live with her mother in Gigiri for nearly two weeks and abandoned him with their children on July 22, 2014.
Mr Miyare accused the woman of moving to court on January 30 and obtaining the eviction orders behind his back.
He explained that the orders had not yet been given to his client by yesterday and that the move was intended to separate him from his children whom he had lived with happily during the wife’s “self-imposed absence.”
The court heard that the eviction orders were effected on Monday when the woman went to the residence with auctioneers and took off with households alleged to be worth Sh 1.5 million, packed in three lorries.
Mr Miyare argued that no amount of money would replace the property that had been carried away from his matrimonial home and that the eviction was carried with the help of officers from the Karen Police station.
“The seriousness of the order are to the extent that he has been left without accommodation and the matrimonial home has been destroyed. No order directed to him to pay any sum of money could be settled with carrying away all his property,” said Mr Miyare.
However, the woman’s lawyer Mogaka Monare told the court that the husband was violent, had retired and does not provide for the family.
While asking the court to dismiss the plea, Mr Monare told the court that the man intended to cling to the children so that the wife could continue providing for him yet he has been an absentee father.
He disclosed the home was fully owned and paid for by the woman through loan and all documents being in her name. The hearing of the case continues.