Kitany wants Mithika Linturi probed for bigamy, perjury

Divorce proceedings between Meru Senator Mithika Linturi and his estranged wife Marianne Kitany took a new twist with the latter now asking the court to order police to investigate the legislator for alleged bigamy and forgery.

In an application filed under certificate of urgency, Ms Kitany wants the court to compel the Directorate of Criminal Investigations to start investigations into alleged illegal practices of bigamy against Mr Linturi, whom she accuses of contracting multiple marriages.

Mr Linturi has denied marrying Ms Kitany in the case and maintained that he was still married to Ms Mercy Kaimenyi, therefore, he had no capacity to marry Ms Kitany.

'FRAUD'

But Ms Kitany said if that is the case, then Mr Linturi should be investigated over alleged falsification, forgery and or faking of court documents and stamps.

She further wants the court to order the attorney-general and registrar of marriages to produce records of all marriages contracted by Mr Linturi.

Ms Kitany also wants the registrar of marriages to investigate and confirm or produce the records or pleadings of Mr Linturi’s purported divorce, if any, to Ms Kaimenyi.

There are allegations that they filed a divorce in 2005.

'TWO WEDDINGS'

In the documents, Ms Kitany maintained that they planed, actualised and attended a wedding ceremony at his home in Meru.

She further said that that the senator also carried out an official customary marriage with her, met her family, paid dowry, gifted her parents in accordance with all customary preconditions.

Through lawyer Danstan Omari, she said that Mr Linturi produced legal divorce documents to the effect that he was not a married man, before their union.

But she said he later produced fake court documents and pleadings to the DCI, knowingly misleading the police with falsehoods about his marital status.

“That the defendant herein, if indeed did not have any capacity to marry, committed the criminal act of bigamy, an offence under Section 171 of the Penal Code of Kenya,” she said.

ENCOUNTER

She revealed that the two met in 2013 while she was working at the Deputy President William Ruto’s office, as the chief of staff.

She said he had come to see Mr Ruto being a newly elected Member of Parliament for Igembe South and she was instructed to assist him with his requests.

Their first and subsequent interactions until about February 2014 were normal and casual, she said, just like many other MPs who visited the deputy president’s office.

“From around February 2014, we grew closer and we started dating during which period he would bring me flowers and visit me frequently at which time he claimed he was single and unmarried,” she said.

'MOVED IN'

As the relationship blossomed, they allegedly agreed that it was important for the senator and his family to have all his children, age between 5 and 18 and from different mothers, move in with them.

She said that by September of 2016, all the children, including the youngest, were now fully her responsibility and out of it, she instantly became a mother of six children.

“I made each of the children and defendant feel comfortable and at home with lots of love and understanding, each one of them appreciating that they all had grown up from different backgrounds,” she said.

Ms Kitany said she has collected sufficient evidence to prove that the alleged acts of forgery and fraud were all done by Mr Linturi and with heavy prejudice to her interests.

"The allegations of fraud, forgery and perjury are serious criminal offences and it behove the honourable court to arrest illegalities and protect the status quo, especially considering the said actions are being undertaken by a person in public office," she said.

PROPERTY TUSSLE

The divorce proceedings were recently moved from Meru to Nairobi, following a court directive.

Besides the divorce case, the two are also fighting over property scattered in Meru, Nairobi and Kajiado.

Late last year, the High Court barred Mr Linturi from accessing their Runda Home, after she complained that he had thrown her out.

The High Court has also barred him from disposing of some of the assets, they allegedly co-own.