Couple’s forgery dispute morphs into vicious, messy fight over vast properties

Marianne Kitany. What started as a forgery dispute between Meru Senator Mithika Linturi and his estranged wife Marianne Kitany has now morphed into a vicious and messy fight for multi-million-shilling properties spread across Nairobi, Kajiado, Kiambu and Meru counties. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Meru Senator Mithika Linturi and his estranged wife Marianne Kitany are embroiled in a fierce legal battle over properties in Nairobi, Kajiado, Kiambu and Meru counties.

  • Also in contention are millions of shillings in accounts in various banks including Co-operative Bank, Family Bank, Standard Chartered Bank, Credit Bank and Equity Bank as well as shares at Atticon Ltd, Litany Investments Ltd, Ark Business Solutions Ltd, Arkchoice Insurance Brokers Ltd, Arkchoice Pharmaceuticals, Arkgroup Ltd and Fancy Solutions Ltd.

What started as a forgery dispute between Meru Senator Mithika Linturi and his estranged wife Marianne Kitany has now morphed into a vicious and messy fight for multi-million-shilling properties spread across Nairobi, Kajiado, Kiambu and Meru counties.

Papers filed in separate courts show how what started as a dispute over the forgery of signatures to secure a Sh530 million bank loan has degenerated into a legal battle for posh houses in affluent neighbourhoods in Nairobi and Kiambu counties, pieces of land in Kajiado county and fat bank accounts in various financial institutions.

The properties in contention include a flat in Kileleshwa, another one in Nyari Estate and four houses in Nairobi’s South B estate.

Others include their alleged matrimonial home Maua in Meru and Mae Ridge Country Villas in Runda, a parcel of land in Kitengela, Kajiado county, and five other parcels in Kajiado/Kaputiei North and two vehicles — a Range Rover and Toyota Lexus.

Also in contention are millions of shillings in accounts in various banks including Co-operative Bank, Family Bank, Standard Chartered Bank, Credit Bank and Equity Bank as well as shares at Atticon Ltd, Litany Investments Ltd, Ark Business Solutions Ltd, Arkchoice Insurance Brokers Ltd, Arkchoice Pharmaceuticals, Arkgroup Ltd and Fancy Solutions Ltd.

In the latest court battle over the properties, the couple disagrees on the status of their relationship.

Ms Kitany says she was legally married to the senator after they both divorced their previous spouses.

However, Mr Linturi maintains that Ms Kitany was only a ‘visitor’ and denies divorcing his wife Mercy Kaimenyi Mithika.

Meru Senator Mithika Linturi says documents presented in court by Ms Marianne Kitany showing he had divorced his wife Mercy Kaimenyi are forgeries. PHOTO | FILE | NATION MEDIA GROUP

However, Ms Kitany disagrees, saying she started cohabiting with Mr Linturi at her Kileleshwa home before moving together into the Runda home with their children.

The dispute first came to light in October last year when Mr Linturi kicked Ms Kitany out of their Runda home.

She rushed to court on October 25 and obtained orders giving her exclusive use of Mae Ridge Country Villas, house no 16. The parties were asked to go back to court in December but Ms Kitany was nowhere to be seen.

The orders were lifted by senior resident Isaac Orengo and taking advantage of the situation, Mr Linturi threw her out of the house.

Ms Kitany went back to court and argued for the orders to be reinstated, arguing it was not her fault that she failed to prosecute the case.

In the meantime, she filed two other cases before the High Court seeking the preservation of the properties they allegedly co-own and another accusing the senator of fraudulently using her properties to secure loans of more than Sh530 million.

Ms Kitany maintains they were married under the Meru customary law.

She has gone ahead to file another case in Meru seeking a divorce.

Mr Linturi, however, contends that the court cannot annul a non-existent marriage.