A Nairobi court has dismissed an application by Meru Senator Mithika Linturi seeking to strike out a divorce case filed by his estranged partner Maryanne Kitany.
Magistrate Peter Gesora sitting in a Milimani court ruled that the case should proceed to full hearing because a marriage certificate produced in court by Mr Linturi had inconsistencies.
“The signatures appearing on the marriage record are manifestly different and this gives authority to the argument that the certificate has some divergences," ruled Mr Gesora.
Gesora noted that the name of the person who typed the certificate and the one who checked it were missing from the certified copy and that it was not known who appended the signatures.
Hearing is now set for between June 23 and 25.
The Meru Senator had requested the court to strike out divorce proceedings saying he was married to only one woman.
The legislator argued that Kitany's claims that she was married to him were false and that even if photos of the alleged customary marriage existed, they did not prove anything.
“Even if we are to assume they went through a customary marriage, it would still be void. There would be no marriage for you to annul,” he said.
The lawmaker told the court he only allowed Kitany to stay as a visitor.
Kitany, however, accused Linturi of forging the marriage certificate he produced in court.
Her lawyer Danstan Omari hinted that his client would call at least 30 witnesses in the case to show the court that she was indeed married to the Senator.
Kitany says there was never a marriage between Linturi and the woman he claims to be his wife.
Last January 14, Linturi had accused Kitany of forging the papers showing that he divorced his other wife.
Kitany also denied claims that she was harassing Linturi.
“It's him who evicted my client from their matrimonial home until the court intervened,” said the lawyer.
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