BY SAM ALFAN.
Embattled Marriane Jebet Kitany has accused Meru Senator Mithika Linturi of absconding parental responsibility since their separation late last year.
In a certificate of urgency through lawyer Danstan Omari, Kitany said since the separation of their relationship, Linturi has absconded his parental responsibility despite being aware that it is a joint venture.
“Since during the cause of our separation the defendant took the minors personal belonging which include; passports, laptops and plaintiff’s personal items such as clothes, jewelry, handbags, identification card, passport, driving license, laptop and I pads,” claims Kitany.
Kitany in her court documents claims that she acquired parental responsibility over the Linturi’s children during the subsistence of their relationship.
She also wants pending the hearing and determination of this suit, the both parties Linturi and Kitany) be ordered to have equal maintenance and provision of school fees for the four minors at an appropriate school.
The petitioner further wants the court to issue order for joint custody vesting the legal custody of the said issues of the parties upon the Parties.
“A declaration that all the parties have parental responsibility over all the issues of their relationship,” says Kitany.
She want the court issue order for joint custody be vested on both parties in the interim.
Kitany further wants an equal maintenance order requiring the both parties to make periodic financial payment, as the court shall deem fit, in respect of the maintenance of the said issues.
“The court do issue orders compelling Linturi to release the personal belongs to the minors and her,” she says.
According to the court papers, Kitany claims that since the cause of their separation Linturi took the minors personal belonging which include passport, laptops and her belongings items such as clothes, jewelry, handbags , identification card , passport, driving license, laptop and Ipad.
In her supporting affidavit, Kitany claim that she has been married to Linturi since 2014 through customary law marriage.
“While married to the defendant (Linturi) , I became a mother to his children who he had sired from his previous relationship,” said Kitany in the court documents.
Linturi children include a 23 year old who is pursuing journalism at Day star University, her mother is a teacher who has been transferred from various areas including Meru ,Embu, Nyeri and Nairobi according to court documents seen by NairobiTimez.co.ke.
The mother is currently residing in Nairobi.
She claims that after the 23 year old completed her studies she joined her family in their house in Kileleshwa then took her to Australia when she got the link to Australia in the year 2015 through her position in the Deputy President office.
She adds that another Linturi’s son is 18 year old who studied in Kabarak High School and used to stay with her during holidays until 3 term of form three in December holidays 2017 when his mother demanded for him and he moved to his mother’s house in Nanyuki till to date and the other son is 8 year old year.
Kitany also claim when she got married to Linturi she had children from other relations.
“When I got married to Franklin, I had children from my other relationship that Franklin accepted and embraced as his own biological children,” claim Kitany.
She refers to her 22 years old son who studied at Adelaide (University of Southern Australia), and her daughter.
High Court issued Justice John Onyiego the temporary injunction restraining senator Linturi from accessing utilizing withdrawal or any other transaction or interfering with monies held in several bank accounts pending the hearing and determination of the case.
Linturi or his agents were further restrained from wasting, damaging or interfering with their matrimonial monies and two luxury cars Range rover and Toyota Lexus.
“For avoidance of doubt, the motor vehicles in question as mentioned Range rover and Toyota Lexus shall continue being used by their current users without changing owners,” ruled the judge.
Justice Onyiego ruled that Kitany was not an ordinary visitor in the ordinary sense of the word ‘visitor’ and Kitany is entitled to resume back to the disputed residence pending hearing and determination of the dispute suit.
OCS Runda police station was ordered to ensure complice with court orders.
“To execute these orders, OCS Runda Police station is hereby directed to ensure compliance by providing security to the Marianne Kitany during her return to the premises at Runda Villa house No.16 and security currently manning the premises under instructions of the Linturi withdrawn and two to make mutually agreed joint security arrangements,” he further ordered.
The judge noted Kitany eviction was unlawful and in bad faith even before determine the issue of marriage and ownership of the property.
“This court cannot sanction such actions in court in a democratic society where due prices and the rule of law should apply and fly high,” said judge.
Kitany lawyer Danstan Omari appreciated the court decision saying it restored decision of career women who has contributed to development of their matrimonial home.
“It is the day that court are protecting the rights of women who are evicted out of a dispute between a husband and a wife and women dispossessed their property and thrown out in a savagery manner but court gas restored dignity of women , dignity of children and career women who have contributed into development of the matrimonial home,” said Omari.
