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Linturi asks court to throw out Marianne Kitany's divorce case

Wednesday April 24 2019

Marianne Kitany

Marianne Kitany, the estranged wife of Meru Senator Mithika Linturi, at a Milimani court on February 1, 2019, over her eviction from their home in Runda, Nairobi. PHOTO | FR4ANCIS NDERITU | NATION MEDIA GROUP 

SAM KIPLAGAT
By SAM KIPLAGAT
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Meru Senator Mithika Linturi on Wednesday asked a magistrate to strike out divorce proceedings by his estranged wife Marianne Kitany, saying he is married to only one woman.

Before chief magistrate Peter Gesora, Mr Linturi's lawyer Muthomi Thiankolu said Ms Kitany's claims of a marriage were false.

The lawyer said his client has been married to one Mercy Kaimenyi for the past 18 years.

He dismissed photographs of a customary marriage that Ms Kitany took to court, saying they were not proof of marriage and noted further that Mr Linturi is a Christian in a monogamous relationship.

HARDSHIPS

The legislator said Mr Kitany filed the divorce case with the sole purpose of harassing him so as to obtain orders relating to property ownership.

He told the court that his legal wife and children were facing hardships as they were barred from accessing their home in Runda until the divorce case is finalised.

Through Lawyer Danstan Omari, Ms Kitany said the marriage between Linturi and Ms Kaimenyi was a forgery which police should investigate.

She denied claims of harassing Mr Linturi, arguing that she is a jobless woman with no capacity to harass a senator.

Mr Omari said, "He evicted my client from their matrimonial home. The court intervenes and gave her access to the house."

KITANY'S STANCE

Ms Kitany maintains that she is lawfully married to Mr Linturi and that she will prove their union is legal.

She wants the Registrar of Marriages to investigate and confirm or produce records or pleadings of Mr Linturi's purported divorce to Ms Kaimenyi. There are allegations that they filed for a divorce in 2005.

In the court documents, Ms Kitany maintains that they planned and attended a wedding ceremony at his home in Meru.

She further says the senator carried out an official customary marriage with her, met the family, paid dowry, gifted her parents and met all customary preconditions.

Ms Kitany further says that before they formalised their union, Mr Linturi produced legal divorce documents to the effect that he had parted ways with his previous wife.

Mr Gesora will rule on May 29 on whether they divorce case will proceed or be quashed as Mr Linturi wants.