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A man from Mwingi in Kitui wants Chief Justice (CJ) Martha Koome to intervene in a petition in which he is seeking to evict his former wife from his village home.

 David Munyao, whose marriage to Agnes Munee was dissolved by a Mwingi court in August 2021, made the plea on Friday before Kitui High Court judge Robert Limo and requested to have the CJ constitute a three-judge Bench to expedite the matter.

 Munyao is also seeking directions on whether a Mwingi based-law firm owned by a sitting judge of the Environmental Court is qualified to offer legal representation to his former wife.

 Nzili and Asumbi Advocates is representing Munyao’s estranged wife in a matrimonial property petition she filed soon after her former husband filed the eviction petition following the dissolution of their marriage.

 “Justice and morality demand that the firm of Nzili and Asumbi Advocates be disqualified from acting for the respondent to dispel the perception that she is being represented by a judge before another judge,” Munyao argues in an earlier application he filed at Kitui High Court on March 1.

 However, Justice Limo directed the petitioner to file a formal application before his court highlighting the substantial issues that would warrant constitution of the Bench.

“Make a formal application and raise those substantial issues that would warrant the Chief Justice to constitute a three-judge Bench then I will give directions on the same,” Justice Limo ordered.

 Marriage between Munyao and Munee which was solemnised on October 9, 1999 at the Office of the Registrar of Marriages was dissolved on the grounds of cruelty, adultery and willful neglect. Munyao had filed for divorce.

In seeking orders to evict his former spouse, Munyao told the court that the land on which their house stood at Ukasi in Mwingi Central was ancestral land and was not acquired during the subsistence of their marriage thus it does not form part of the matrimonial property.

The couple shared the same compound with Nduli’s aged parents and his two brothers, he told the court, arguing that his former spouse cannot continue to live there after the dissolution of the marriage.