Kitany intends to call 30 witnesses from Meru, Kericho and Nandi.
BY SAM ALFAN.
Meru Senator Franklin Mithika Linturi has lost the first round in the divorce proceedings after a magistrate dismissed an application seeking to strike out of a suit filed by his estranged wife estranged wife Maryanne Kitany.
Trial magistrate Peter Gesora dismissed his application and directed the matter to go for full hearing and cross-examination of the parties and witnesses. “I dismiss the application and direct the matter to proceed to full hearing,” ruled Gesora.
The magistrate ruled that there is evidence of how the two met, with the sole intention solemnizing the relationship.
Linturi had argued that he has never been married to Kitany as he has been married to another wife with whom they solemnized the marriage in 2000 in a church Meru.
Linturi had made an application asking the court to dismiss the divorce case arguing that Kitany was only a visitor in his home, and never a wife.
But Kitany, a former Chief of Staff at the office of the Deputy President, said she was married to the Senator under customary marriage where he visited her parents and gave ‘gifts’.
She stated that she was a mother to six children; three of her own and three fathered by Linturi in his previous relationships. They moved in together with their children and lived like husband and wife.
Linturi also produced a marriage certificate to prove that he got married in 2000 and has never divorced his wife.
The court questioned why the marriage certificate was obtained on December 28, 2018, if the marriage between Linturi and his alleged wife was contracted in 2000, some 18 years later. The certificate was also obtained only a few days to the filing of this application.
According to the ruling, section 6 of the marriage Act allows recognition of customary marriage while subsection (ii) restricts one in a monogamous marriage from marrying again.
The court also found that the signatures appearing on the court documents for the applicant and that in the certificate are different.
It was further found that the certified copy of marriage certificate lacks crucial information and has a lot of discrepancies.
Kitany intends to call 30 witnesses from Meru, Kericho and Nandi.
The case will be heard in July 23, 24 and 25th July.
