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Failure by Agriculture Cabinet Secretary nominee Mithika Linturi to divorce his church-wedded wife before moving in with Aldai MP Maryanne Kitany made him an ineligible candidate for marriage, the court has ruled.
In what Milimani Chief Magistrate Heston Nyaga said could have been out of sheer forgetfulness or shrewdness on Mithika's part, his failure to divorce his wife made it illegal to wed Kitany.
"It is clear that the defendant herein lacked that capacity to a union in marriage of whatever nature to the plaintiff by virtue of he being in a subsisting monogamous or Christian marriage. As it turned out, it would all be in vain as the defendant had not taken any step to dissolve his own subsisting marriage. Whether this was inadvertence or shrewdness on the part of the defendant, is a tale for another day. Digressing to that topic would require another full judgment of its own. Therefore, for now, I will not state anything more," he said.
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