Linturi links father’s death to divorce case
By Faith Karanja
| September 4th 2019
Meru Senator Mithika Linturi told a court that the divorce case filed against him by Marianne Kitany should proceed despite the death of his father.
The senator’s father died on Monday night.
Ms Kitany, a former chief of staff at the Deputy President’s office, did not appear for the hearing of the case, with her lawyer, Danstan Omari, telling the court she had travelled to Meru to mourn the death of “her father-in-law”.
But Mr Linturi, through his lawyers Muthomi Thiankolu, Samuel Karanja and George Wajackoya, objected to the application for adjournment by his alleged wife, arguing that “she should not cry louder than the bereaved”.
The senator claimed his father was taken ill after hearing news that Kitany bought him a house despite his having sons.
Thiankolu told Magistrate Peter Gesora that Kitany was only interested in delaying the dispute so she could continue enjoying orders she does not deserve.
The lawyer said it is not good to lose sight of the hardships Linturi is going through.
Wajackoya said his client and family were wondering why Kitany did not appear in court.
“The father was in pain after he heard news that Kitany told the court she bought him a house,” he said.
The lawyer said the senior Linturi might have died as a result of “circumstances that he was going through”.
“Kitany should not bring jokes to court because there are no good reasons why the case should be adjourned,” said Wajackoya.
Mr Omari told the court that Kitany had travelled to Meru to mourn with other family members.
“Your honour, I have strong instructions to seek for an adjournment by my client who is mourning the death of her father-in-law,” he said.
But Thiankolu said it was unfortunate that the applicant was using death to make conclusive statements and delay the hearing of the case.
“Whether Kitany is the daughter-in-law of the deceased or not is not enough reason to delay the case,” he said.
He added that the court is yet to determine whether Kitany is married to Linturi and thus she cannot purport to be mourning the death of Linturi’s father.
The lawyer said there are fundamental aspects of Linturi’s life that have been pending since the case was filed.
“Some of Linturi’s properties have been frozen pending the hearing and determination of the matter,” said Thiankolu.
He told the court that the case had made Linturi’s life difficult.
Kitany’s lawyer, however, said yesterday was a sad day and the respondents are not being sensitive to the death of their loved one.
“There is no dispute that the deceased is Linturi’s biological father. The cause of death can only be determined by a pathologist,” said Omari.
He said Kitany is a “real African woman” who understands the importance of family.
Magistrate Gesora adjourned the matter to today morning.
“Court will not deal with the cause of death of senior Linturi because that dispute has not reached the court,” he added.
Kenya wants case on border row deferredThe activist also accused Justice Ahmed of discussing the case while it is still in court.
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