• Linturi moved to court in March this year seeking anticipatory bail pending his arrest over the forgery claims.
• Justice Anthony Mrima directed that the matter be heard on May 11 before the trial judge Weldon Korir.
DP William Ruto’s former chief of staff Marianne Kitany has claimed that Meru Senator Mithika Linturi took advantage of their relationship and forged signatures to secure a Sh530 million bank loan using her properties as collateral.
In response to a suit filed by Linturi, Kitany says her fallout with the senator was due to sad revelations of gross abuse of trust and conduct of criminality on his part.
She says Linturi meticulously designed a scheme to defraud her, Baron Estates Limited, Noniko Holdings Limited and Collins Ngetich by using its assets as collateral to huge sums of money that he took as loans.
Kitany is a relative of the directors of Baron and Noniko limited, while Ngetich is a director of Baron Estates Limited.
Ngetich and Kitany have been working closely and engaging in a number of ventures together.
Kitany in an affidavit says the advancing of Atticon Limited from the Family Bank for the initial loan of Sh50 million to Sh530 million was made on the basis of fraudulently executed documents that were purported to have been done by Baron and Noniko.
She also claims that the forged documents that led to the grant of the further loan facility were subjected to forensic examination after she lodged a complaint against the issuance of the loan in favour of Linturi’s company and against the property owned by Baron and Noniko.
“That upon examination by a forensic handwriting expert and upon further investigations, it was realised that Linturi in collusion with Family Bank Limited, colluded to fraudulently utilise securities availed by Baron,” she says.
“It is as a result of Linturi’s abuse of trust and criminal conduct that we acrimoniously parted ways resulting to numerous civil cases between ourselves that are still pending in court.”
Linturi moved to court in March this year seeking anticipatory bail pending his arrest over the forgery claims.
He then amended his documents and sought an order seeking to stop his prosecution pending a full hearing and final determination of the civil, commercial and family disputes pending in other courts.
The charge sheet contains 38 counts ranging from false information to a person employed in the public service, obtaining credits by false pretences, personation, abuse of office, fraudulently procuring the registration of charge documents, making false documents, intent to defraud and forgery.
Linturi has claimed that his intended prosecution is unlawful as it relates to the family and property disputes between him and Kitany.
The senator says the decision to prosecute them has an ulterior motive and is out to unfairly coerce them to settle the ongoing litigation in favour of Kitany and her business partners.
Justice Anthony Mrima directed that the matter be heard on May 11 before the trial judge Weldon Korir.