• Judge Ong’udi directs the DCI to consider Linturi’s complaint and submit another file to the DPP within the next 90 days.
• In his case, Linturi says his imminent arrest by DCI officers was to help his estranged spouse to fight him in their property dispute.
Image: FILE
The High Court on Tuesday barred the police from arresting and charging Meru Senator Mithika Linturi over a property dispute with his estranged wife Marriane Kitany.
Kitany recorded a statement at the DCI saying the senator forged documents to fraudulently get Sh530 million loan and rushed to court to stop his imminent arrest.
In her ruling, judge Hedwig Ong’udi barred his arrest saying the Director of Criminal Investigations had ignored Linturi’s complaints when he recommended his prosecution.
Linturi had made a complaint against Kitany but the court ruled that the DCI failed to consider his statement when he recommended that the senator be charged with forgery.
Judge Ong’udi directed the DCI to consider Linturi’s complaint and submit another file to the DPP within the next 90 days.
In his case to court, Linturi said his imminent arrest by DCI officers was to help his estranged spouse to fight him in their property dispute.
Through lawyer Charles Mwongela, Linturi said the move was meant to give his estranged wife an undue advantage in their ongoing civil and commercial court cases.
He said the dispute related to financial securities, credit facilities and control of some companies was subject to ongoing commercial and civil cases before court.
Linturi had obtained orders in May blocking his arrest.
According to court records, Linturi and Kitany are embroiled in a property dispute for ownership of Atticon Ltd, which was owned by the senator before relinquishing 50 per cent shares to Baron Estates Ltd, a company associated with Kitany.
It is alleged that LInturi relinquished his shares in exchange for Baron Estates a guarantee of Sh50 million loan that he intended to borrow at Family Bank.
Kitany has accused the senator of fraudulently kicking out Baron Estate's ownership of Atticon.
According to court documents, it alleged that Rodha Kitany’s, (Marianne's mother) signature was forged to secure loans of Sh100 million from Family Bank, another loan of Sh325.7 million, and a separate overdraft facility of Sh100 million using the properties of Baron Estates.
Linturi had withdrawn another application he filed seeking to stop his prosecution on attempted rape charges.
This is after the senator was charged before the criminal court before the High Court issued orders stopping his arrest.
He said the application had been overtaken by events due to him being charged.
Edited by Kiilu Damaris