Court urged not to encourage adultery in Linturi divorce case

Meru Senator Mithika Linturi speaks outside Meru high court on February 2018
Meru Senator Mithika Linturi speaks outside Meru high court on February 2018

A Nairobi court has been urged not to encourage adultery by issuing orders in favour of ‘slay queens and prostitutes’ who interfere with those that are lawfully married.

Lawyer Muthomi Liankuri who is representing Meru Senator Mithika Linturi told the court that if it confirms orders it issued on October last year, it will be seen to encourage adultery and diminishing the institution of marriage.

He added that “If slay queens and prostitutes can rush to court and obtain orders as if those lawfully married don’t exist,” he said.

“It will also be seen to create precedence saying all marriages in Kenya are polygamous. Where is the position of marriage? the lawyer added.

But Maryane Kitany through Lawyer Dandstan Omari said the court has jurisdiction to confirm the orders issued whether the complainant is referred to as a prostitute, slay queen or any word that is used in a dump stay relationship.

The lawyer told the court that it should restore the dignity to women and it will be a great calamity for men to use women and dump them and pray that court confirms earlier orders.

On October 25, last year last year, Kitany, obtained orders barring Linturi from entering the palatial Runda home.

“Pending hearing and determination of this application, an interim order of protection is, hereby issued against the respondent and or agent, employees and servants,” read the court order.

The senator was further restrained from physically or sexually abusing or threatening Kitany, her staff and their six children or any persons associated with her or damaging any of her property.

Yesterday, Omari urged the court to confirm the said orders saying Kitany has faced the gravest of injustice occasioned by a person so loving, dear, and caring only to turn out to be the greatest tormentor.

He said since the case before court deals with domestic violence, Kitany has an inherent dignity which should be protected.

Linturi in response said if allegations of violence were true, Kitany should have produced a P3 form as proof.

“Kitany has merely made hyperbolic allegations but has not adduced a single shred of evidence of domestic violence on my part. I have also never established any domestic or marital relationship with Kitany or any of her children as they were merely guests at the Runda House,” said Linturi.

The senator argued that Kitany has not met the legal threshold for the issuance of a protection order. He has asked the court to dismiss the application.

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