• Linturi had made an application asking the court to dismiss the divorce case arguing that she was never his wife and was only a visitor in his home.
• However, Chief magistrate Peter Gesora dismissed the application and directed that the matter proceeds to full hearing.
Image: FILE
Meru Senator Mithika Linturi has suffered a setback after a court rejected his application to strike out a divorce case filed by estranged wife Mary Kitany.
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.
The legislator had told the court that he is married to only one wife and even produced a marriage certificate to prove his claims.
However, Chief magistrate Peter Gesora dismissed the application and directed that the matter proceeds to a full hearing.
He questioned the validity of the certified copy of a marriage certificate dated December 28, 2018 produced by Linturi in court.
He said that court records show that the certificate was obtained a few days after Kitany filed her petition on December 17.
"It is my humble view that for there to be a certification for the certified copy of the marriage certificate, it is either the original copy is missing or a party seeks to have a copy held by the registrar of marriage issued to him," the court ruled.
According to the magistrate, the signatures appearing on the marriage record are glaringly different and this gives credence to the argument by Kitany that the certificate has some discrepancies.
Kitany last month opposed a bid by Linturi's lawyers to produce the marriage certificate in court as evidence that he only has one wife.
Kitany said she was apprehensive most documents produced in court by the senator were not authentic.
She said Linturi should be cross-examined to ascertain the credibility of the document.
Kitany was also granted her exclusive occupation of their palatial Runda home, pending the determination of a divorce case in Meru.
Magistrate Isaac Orenge also restrained the senator from “loitering near or preventing access to and from the said shared residence in Runda”.
Also granted is an order stopping Linturi from physically abusing or threatening to abuse Kitany, her staff, her six children or any other person associated to her.
The magistrate had in October last year issued the same orders but on a temporary basis.
On Friday, he said the orders will remain in force until a divorce matter between the two is heard and determined.