1. In the matter the Applicant approached the court following inter alia, threats of eviction from the matrimonial home. Interim restraining orders were granted.
2. Parties herein, an elderly couple, stay in the matrimonial home situated at Title No. Nyandarua/Kiriita/Shauri Block 1(Leshau Pondo)/876 & 877. This calls upon the Applicant to be protected as required by Section 12(3) of the Matrimonial Property Act which provides thus;
A spouse shall not, during the subsistence of the marriage, be evicted from the matrimonial home by or at the instance of the other spouse except by order of a court.
3. Considering that the parties are still married; the court is obligated to protect the aggrieved spouse. For that reason, I hereby order that status quo be maintained pending further orders on 15/10/2026.
4. It is so ordered.
HC MAT. E001 OF 2026 (RUL.) Page 2 of 2
2. Parties herein, an elderly couple, stay in the matrimonial home situated at Title No. Nyandarua/Kiriita/Shauri Block 1(Leshau Pondo)/876 & 877. This calls upon the Applicant to be protected as required by Section 12(3) of the Matrimonial Property Act which provides thus;
A spouse shall not, during the subsistence of the marriage, be evicted from the matrimonial home by or at the instance of the other spouse except by order of a court.
3. Considering that the parties are still married; the court is obligated to protect the aggrieved spouse. For that reason, I hereby order that status quo be maintained pending further orders on 15/10/2026.
4. It is so ordered.
HC MAT. E001 OF 2026 (RUL.) Page 2 of 2