Meru Senator Mithika Linturi on Tuesday got a reprieve after the High Court stopped the Director of Public Prosecutions from charging him over a Sh530 million forgery claim.
Justice Weldon Korir also restrained the DCI and DPP from arresting and prosecuting Linturi, Emily Nkirote and Atticon Limited directors pending the hearing and determination of the disputes pitting the senator against Maryanne Kitany.
Kitany, the estranged wife of Linturi, had accused the senator of forging signatures to secure a multi-million shilling loan from Family Bank.
Korir granted the order after Linturi told the court that the DPP had maliciously recommended his arrest and prosecution for alleged criminal activities revolving around loans, overdrafts and other facilities that Family Bank limited extended to Atticon Limited.
Linturi said the validity of credit facilities and securities, and the fraudulent charges is directly and substantially an issue on the going civil, commercial and family disputes pending before various courts
“We will suffer irreparable damage and harm should they be charged with any criminal offences relating to the credit facilities and securities as well as the fraudulent changes on Atticon Limited ownership and control before the full hearing and determination of the ongoing cases,” he said.
Linturi was to be charged with 37 counts over an alleged fraudulent loan he took from Family Bank in 2019.
The charges include giving false information to a person in public service, obtaining credit by false pretences and impersonation.
Others are abuse of office, fraudulent procuring of the registration and change of documents, forgery and intent to defraud.
