BY PRUDENCE WANZA – Senator Mithika Linturi has told the court that he is ready to proceed with the divorce suit against him despite the passing on of his father in the wake of this morning.
Linturi who was seen smiling and conversing with his peers in court, through his lawyers Muthomi Theonkalou and Professor George Wajakoya said that he is ready to proceed with the matter.
This was after Marianne Kitany failed to show up in court but through her lawyer Danstan Omari, she indicated that she was not ready to proceed due to the passing on of her father in law. Omari told the court that his client is in the process of going to her Meru home to be part and parcel of the burial plans.
Omari further submitted that Kitany is not competent to proceed with the matter and that she passes sincere condolences to Mithika Linturi.
It is at this point that Linturi’s lawyer objected saying that it was unfortunate to use death to make conclusive statements on a matter in which the court is supposed to determine whether the two were married.
Muthomi further told the court that his client wants to proceed with the matter as the petitioner (Kitany) cannot be heard to cry louder than the bereaved. He said fundamental aspects of Linturi’s life have been withheld pending the determination of the case and his accounts were freezes too.
Professor Wajakoya went on to tell the court that Linturi’s father has been in a weak sound of mind since the thought of a girl crossing boundaries and building a house for his son was against the Ameru customs.
” Under the Meru customary law a girl crossed boundaries to build a house for his son yet he is a member of ‘Njuri Ncheke’ which is against the customs,”said Wajakoya.
However, Chief Magistrate,Peter Gesora, ruled that the divorce proceedings will continue tomorrow stating that the matter was fixed to be heard consecutively. Gesora said that the matter will continue tomorrow on September 3, for proper management of the hearing as the petitioner was not in court.
