The High Court ruled in favor of Former Machakos Senator Johnstone Muthama , stating that Agnes Kavindu Musyoka was not the former Senator’s wife as they had divorced in 1983 before the court. Mr. Muthama has been given the green light to kick out his divorced wife from his Mua home.
According to the court, although Ms. Musyoka was living on Mr. Muthama’s property in Mua, Machakos County, it was at the latter’s will but not as a wife. Justice William Musyoka’s ruling read: “The picture that emerged was not that of a spouse but of a person accommodated initially as a mother of Muthama’s daughter.”
The two are said to have had an affair in 1996 where they had another child and Ms. Musyoka termed this relationship as a remarriage claims Mr. Muthama dismissed. In 2014, Ms. Musyoka filed a case in court in a bid to stop Muthama from evicting her from the ‘matrimonial home’ on the grounds that she had a right to occupy it and also demanding 50 per cent of his wealth .
She claimed to be treated badly and deprived of her right to drinking water, despite having two boreholes in the palatial property. In her suit papers fighting the eviction, she said the water was disconnected, forcing her to use swimming pool water for washing and bathing. She told the court her son Moses had removed all household furnishings, including cutlery, a cooker and fridge, in an effort to force her out. This same year Mr. Muthama asked her to vacate his Mua property as he had plans to move in his three families.
However, Muthama told the court that despite the divorce Ms. Musyoka had continued to use his name as he dismissed claims that she had campaigned for him. Through her lawyer Judy Thongori, Ms. Musyoka applied to the court to suspend the ruling that also ordered her to pay Muthama the cost incurred in the suit pending hearing and determination of the intended appeal. Justice Asenath Ongeri allowed her to appeal against the ruling, adding that she should file a formal application within seven days to have the decision suspended and serve Muthama.