The Milimani High Court has ordered that Kristina Berman be reinstated into her matrimonial home in Karen following an urgent application against her husband, Mikhail Berman, over access and control of the property.
In interim orders, the court directed that the applicant be granted immediate access and occupation of the property located at L.R No. 1160/218, Mutamaiyu Estate, House No. 9, 214 Mbagathi Ridge, pending the hearing and determination of the case.
The court further barred any dealings with the property, including sale, transfer, or interference and directed the Officer Commanding Station (OCS) Karen Police Station to ensure enforcement of the orders.
According to court documents, Kristina Berman, through her lawyer Robinson Kigen, moved to court under a certificate of urgency, stating that she had been evicted from the matrimonial home without any lawful order, leaving her without shelter despite residing in the property for years.
In her filings, she argues that the property was acquired during the marriage and that she played a significant role in its development and management, giving her a legitimate and protectable interest.
“I have been denied access to my matrimonial home and rendered homeless without any court order. All my belongings, personal effects and essential items remain in the house and I have nowhere else to go,” she states in her affidavit.
She further alleges that the actions taken against her were unlawful and have exposed her to suffering and instability.
“The denial of access to the matrimonial home without any eviction order is unjust, inhuman and contrary to the law, and this Honourable Court should intervene to prevent further injustice,” she adds.
The court also took note of concerns raised regarding possible interference with the property, including fears that it could be transferred or otherwise dealt with in a manner that would prejudice the applicant’s interests.
An inter partes hearing has been scheduled for May 20, 2026, where both parties will present their arguments before the court makes a final determination.
The matter now proceeds to full hearing as the court seeks to determine ownership rights, access and control over the disputed matrimonial property.
