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 The magistrate noted that the doctrine of common law marriage is no longer applicable in Kenya and that customary law marriage is not a one event or single-ceremony matter.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.
Comments
So they Wait until He is…
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So they Wait until He is Nominated: Then they Drop the Case??? Ma Judges KENYA in Kama wameRogwa na Hongo.
She's focussed on her latest…
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She's focussed on her latest accomplishments and will not notice, I think I should vie too, for money is sweeter than honey and will make you forget all your problems and loss.
Linturi is a rapist. Who…
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Linturi is a rapist.
Who calls a rapist with multi accusers a husband.
This woman needs a therapist. She needs mental help.
Why is common law no longer…
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Why is common law no longer applicable in Kenya?To me even come we stay is "marriage".We need to expand the definition of marriage between man and woman to include any stay together of at least five years.Besides that ,what is marriage? Is it that piece of paper that says we are married,or is it the way the couple live as acouple? Most of the time the paper,and the way of life are in synch,and as such, usually their is no problem.But what happens when the heart and mind is no longer in the union,but still live together is that marriage?That said, on the doctrine of fairness its only ethical,and morally correct for Linturi to at least share some of the wealth they gathered together with Maryanne.Its only fair. How would he feel if he were in her shoe?
Perplexing to say the least!
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Perplexing to say the least!
Of what public value is…
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Of what public value is knowing the status of Linturi's marriage to the Kenyan people? Most Kenyans I would think are concerned with the ever rising costs of getting by si other peoples' marital squabbles. Kumbafu!
Mtu mwenye tabia mbovu na za…
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Mtu mwenye tabia mbovu na za ajabu kama huyu ndugu yetu Mithika Linturi anawezaje kuchaguliwa kama waziri?
@ Ndugu Imara,there is agood…
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In reply to Mtu mwenye tabia mbovu na za… by Imara Daima (not verified)
@ Ndugu Imara,there is agood reason why personal behavior of leaders come question.That's how the public can judge whether they are ethical,and have integrity,and more importantly if they can be trusted to make good decisions for the country.
The problem is that we all agree that integrity is a requirement for leadership,and good governance. We even instituted integrity,and ethical tests for our leaders.Apparently this exercise was just a charade.Is there any wonder that,the output of our leaders is dismal,despite enormous salaries and benefits? Wake up Kenya.
Thank you so much for the…
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Thank you so much for the kind of update I found it here.
It was really good this update.
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