MP Maryanne Kitany's Divorce Case Against Former Senator Mithika Linturi Dismissed

A Nairobi court has dismissed a divorce case filed by Aldai MP Maryanne Kitany against former Meru Senator Mithika Linturi.

Kitany moved to court seeking protection after Linturi, who was on Tuesday nominated to Cabinet by President Ruto, allegedly kicked her out of their home.

But in a ruling on Tuesday, Chief Magistrate Heston Nyaga of Milimani law courts said Kitany failed to prove that she was legally married to Linturi. The magistrate noted that the doctrine of common law marriage is no longer applicable in Kenya and that customary law marriage is not a one event or single-ceremony matter.

The court further stated that there was no consensus among Kitany’s witnesses on whether the ceremony dated April 16th, 2016, on its own, created a marriage. The Marriage Act 2014 requires parties to register a customary marriage.

The magistrate ruled that Linturi was in a monogamous marriage with one Mercy Kaimenyi, hence could not hold any other form of marriage including polygamy.

“Mithika Linturi could not contract a Nandi customary marriage or any other form of marital union with Maryanne Kitany. The customary law union alluded to by Maryanne Kitany would not suffice as a marriage under the laws of Kenya,” reads the rulings.

Through his attorney, Linturi told the court that claims of marriage between him and Kitany were false, arguing that the divorce case was meant to harass him in an attempt to obtain orders relating to property ownership.

Kitany, who clinched the Aldai parliamentary seat in the August 9th election, maintained that she is lawfully married to Linturi.