LAWYERS CLASH

Kitany delaying case to enjoy Runda house - Linturi

But Kitany's lawyer Omari says he was held in the case of Tob Cohen

In Summary
  • Lawyer Muthomi Thiankolu tells court Kitany was employing delaying tactics to enjoy orders court granted her
  • But her lawyer Danstan Omari says he was summoned to appear in a matter where the widow of Tob Cohen was to take a plea
Linturi, Kitany
DIVORCE CASE: Linturi, Kitany
Image: FILE

Meru Senator Mithika Linturi on Thursday accused his estranged wife Marianne Kitany of using delaying tactics in their divorce case to continue enjoying her stay in his Runda home.

Linturi made the claim after Kitany’s lead lawyer Danstan Omari failed to show up in court yesterday morning as scheduled, arriving over two hours later.

Lawyer Muthomi Thiankolu told chief magistrate Peter Gesora that Kitany had been employing delaying tactics so that she can enjoy the orders of the court.

 
 

“The motive of the conduct is to enable her enjoy the exparte orders which will, of course, be an abuse of the court process,” he said.

He claimed that the petition was filed on December 13 last year and Kitany obtained orders in two cases on December 24.

Muthomi said the orders froze Linturi’s bank accounts, any transactions on his property in various places in the country and restrained him from accessing his home in Runda until the case is heard and determined.

“They occasion extreme hardship on him and his children. Both the High Court and the lower court ruled the orders would exist until the case is heard and determined,” he said.

Muthomi claimed Kitany had been adjourning and delaying the matter deliberately.

However, Omari while apologising to the court for coming late attributed the delay to circumstances beyond his control.

He said the reason for coming late was he had been summoned to appear before Justice Stella Mutuku in a matter where Sarah Wairimu Kamotho, the widow of Tob Cohen, was expected to take a plea.

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