Kitany's son in court to block Family Bank from lending money to Linturi

Marianne Jebet Kitany, ex-wife to Meru Senator Mithika Linturi (second left) is consoled by her sister Pamela Jeromo (second right), aunt Viola Too (left) and lawyer Kihanga Mwangi after goons raided her home in Runda. [David Njaaga/Standard]

A son to the estranged wife of Meru Senator Mithika Linturi has gone to court to stop a local bank from advancing loans to the MP using land he claims ownership of as collateral.

Arnold Kipkurui, son of Mary Kitany, and his company Linkit Limited, filed the case at the chief magistrate's court in Meru yesterday, accusing Linturi of taking the property's title deed without their knowledge.

The applicants said they were shocked to learn that Family Bank advanced a Sh7.2 million loan to the senator based on the land in Kiambakia.

They want the bank blocked from entering any financial transaction with Linturi, his two daughters and his Atticon Company, using the land as collateral.

“Pending the hearing and determination of this case, I ask this court to restrain Linturi from interfering with the suit property which is LR no. Ntima/Igoki/4432 Kambakia,” said Kipkurui.

The said property harbours Linturi's office.

Kipkurui further wants the five respondents barred from interfering with the land, pending hearing and determination of the application.

In their court documents, Kipkurui claims he owns the suit property.

He said he realised the title deed to the suit property was missing last December. He later learnt that a legal charge of Sh7.2 million had been registered on the property and used to extend loans by Family Bank to Atticon at the command of Linturi and his two daughters.

A legal charge, a type of mortgage, is the means by which lenders enforce their rights to a property. It is not unusual for a property to have more than one legal charge registered against it.

Through lawyer Danstan Omari, Kipkurui said he was a stranger to deals involving the suit property and that the matter is under investigations by the Directorate of Criminal Investigations.

He accused Linturi of causing him irreparable injuries and damage.

“Unless restrained by way of orders sought, the defendants will continue repeating and or maintaining their unlawful activities of violating the plaintiff’s property rights,” said Omari.

Kipkurui termed the purported credit facility advanced to Atticon a product of fraud and forgery.