On Monday, the court ordered that Shahid Butt?s wives Regine Butt and Akhtar Butt should stay in the same house situated along Mokomani road until a suit filed in court over the house is determined.
Regine, who is Butt?s second wife, was ejected from the house last year by her co-wife Akhtar and her step son Haroon Butt after the tycoon died.
The widows are locked in a fierce legal battle over the property worth billions of shillings since the tycoon was shot dead on July 11, 2014 by unknown assailants at Changamwe petrol station in Mombasa.
?For now, the court is enjoined by the Constitution to give paramount importance to the best interest of the two children of the plaintiff and the deceased in securing for the children the place they have known to be home, having lived there with their parents and by statute to protect, in accordance with Matrimonial Property Act,? directed Justice Edward Murithi.
Muriithi said Akhtar will not be evicted from the same house and ordered she stays with her son in one part of the house in the same compound.
However, the order has been contested by Akhtar and defence lawyers have accused the court of failing to notice that ?the two (wives) were sworn enemies who cannot stay in the same compound.?
The lawyer representing Akhtar and Haroon, Charles Agwara, applied to have the decision suspended for 30 days to enable him move to the Court of Appeal to challenge it.
?The judge failed to notice that the two widows are sworn enemies and cannot stay in one compound and we ask the court to allow them look for an alternative house and pay rent,? said Agwara.
Also, Regine?s lawyer Peter Kaluma said he was also unhappy with the decision to allow Akhtar to continue staying in the house, saying he will also move to the Court of Appeal to challenge the order.
Kaluma opposed the application to stay the execution orders, arguing his client had the legal right to live in that house because her co-wife was not living there before their husband died.
Muriithi directed the two lawyers to arrange for the smooth restoration of Regine and her children to her matrimonial home, currently occupied by Akhtar and Haroon, within seven days.
He ordered that Regine be allowed to return to the said house on plot no MN 1371 until the suit she filed against the two is determined by the court. ?For avoidance of doubt, this court does not authorise the eviction of Akhtar from this suit property,? Justice Murithi said.
By Willis Oketch, The Standard