SOPA LODGE PUZZLE

Kitany defends claims she was married to Linturi

Senator Linturi puts up a spirited fight through his lawyers in a bid to discredit his Kitany’s allegations

In Summary

• She rejects claims she tricked the legislator into accompanying her to Sopa Lodge on the day he was to table a motion in Parliament.

• Things got heated at one point, with Muthomi asking the court to protect him and order Kitany to answer questions.

Marianne Kitany at the Milimani law courts testifying on her Divorce Case against Meru Senator Mithika Linturi on August 21, 2019.
Marianne Kitany at the Milimani law courts testifying on her Divorce Case against Meru Senator Mithika Linturi on August 21, 2019.
Image: ENOS TECHE

Meru Senator Mithika Linturi yesterday put up a spirited fight through his lawyers in a bid to discredit his estranged wife Marianne Kitany’s allegations against him.

However, a determined Kitany stood her ground and assertively maintained she was married to Linturi in a Nandi customary arrangement.

She also rejected claims by his lawyers that she tricked the legislator into accompanying her to Sopa on the day he was supposed to table a motion in Parliament.

 

Lawyer George Wajakoya posed to Kitany that she lured Linturi into sexual activities at Sopa Lodge to get his properties.

Kitany rubbished the claim, saying she went to Sopa Lodge in his car of his own volition and she didn’t force him.

Kitany, who was is a Burgundy dress, was at one time pushed by Muthomi Thiankolu to explain to court if indeed the Sopa Lodge meeting took place.

According to Muthomi, Linturi has never stepped his foot into Sopa Lodge. Kitany insisted they were together on the day the motion was to be tabled and told the court to verify with the hotel.

She refused to name the person who was part of the plan that was hatched to bar Linturi from tabling the motion but confirmed there was indeed a motion.

“I confirm that there was a plan during the tabling of the motion and I can't name names because they will not come here to testify,” she added.

Kitany on several occasions declined to answer questions posed to her by Linturi's lawyers and even disowned several documents claiming they were not hers.

 

Things got heated at one point, with Muthomi asking the court to protect him and order Kitany to answer questions.

Muthomi claimed the witness was insincere in refusing to answer questions, including whether Linturi is still married. In response, Kitany said Linturi is the only person who can confirm if he is married or not when he takes the stand.

She also dismissed allegations by Muthomi that she was after his wealth. According to Kitany, matters of the heart are very sensitive and can’t be questioned. She said she trusted Linturi wholehearted when he told her he was divorced.

“I'm wife no 4 and I considered myself as lucky as number 4 since I was there for love."

She said a relationship is about trust and that's the key pillar that makes marriage to work. However, she said she never changed her name to his and never did so even in her first marriage.

Things turned comical when Wajakoya asked the court to bring a lie detector machine to be used on Kitany to prove she was not lying.

Wajakoya further asked Kitany if she has ever undergone a medical psychiatric examination and at one time asked the court to order for one on her because she was "hostile".

Muthomi accused Kitany of lying that she was married to Linturi, saying they were never married in any traditional marriage.

Linturi, through Muthomi, also refuted claims by Kitany that he stole titled deeds. He said her relatives voluntarily gave him the titles.

Muthomi told the court she was lying, saying all the documents on customary marriage have different dates showing inconsistencies in her testimony.

In a bid to deny the marriage claims to Kitany, Linturi said he was never in Nandi for a marriage ceremony. Muthomi claimed Linturi's parents and siblings never attended the function and that cannot be a marriage.

In her defence, however, Kitany said Linturi told her that in their culture his parents could not attend their traditional marriage because they had already gone to his first wife’s home.

Muthomi argued that engagement and marriage are not the same, saying marriage is a process that cannot happen in one day. He said Nandi traditional marriage usually happens in stages leading to the final orders.

Kitany said she was not in a position to respond to issues of Nandi traditional marriage because an expert witness in Nandi tradition will testify and shed more light on the whole ceremony.

Kitany also claimed her witnesses from Meru who attended the marriage have been threatened not to testify.

Linturi claims that he attended functions in Nandi that have nothing to do with marriage and went for different functions, "but Kitany decided to lie that I was there for a wedding".

Muthomi also said that according to Meru custom Miraa does not constitute a marriage nor exchange of it does not symbolize a union.

Kitany said she is not Meru and would not know their traditions and what they signify in a marriage ceremony.

Muthomi said drinking Mursik (Kalenjin sour milk) is not a symbol of marriage but Kitany said a Nandi elder will come to court to explain.

"Divorce can only be given in the presence of a marriage certificate," Muthomi said.

Chief magistrate Peter Gesora heard that Kitany's parents visited Linturi's home after their traditional wedding.

In a new twist, the court heard that Kitany’s mum was also a director and shareholder in Atticon Ltd.

According to her, that's the reason the car, which was a gift to her from Linturi, was never transferred to her name.

Kitany further said the money she used on Linturi was from the saving she had even before she got to the DP William Ruto's office.

“I had made money even prior to joining the office of the DP, I used my savings that I had done,” she said.

She was also taken to task to explain how she campaigned for Linturi in Meru when she was not a registered voter.

Kitany said she was indeed not a registered voter in Meru but her work was mainly to coordinate campaigns from Nairobi, not Meru.

On the Runda home, she said the land was bought in 2015 and developed in 2016.

On the issues of forgery of titles by Linturi, she said the properties and title deeds that were stolen belonged to her mother and other relations.

“He picked them without my permission and went secured a loan with them. He forged the signatures,” she added.

The case resumes today.

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