Meru Senator Mithika Linturi and wife Marianne Kitany’s divorce proceedings continued on Monday where the latter was cross-examined by the defendant’s lawyer, Muthomi Thiankolu.
Muthomi said Kitany lied to the court about the two formalizing their union in Nandi because the legislator was there for an occasion that had nothing to do with marriage.
The former chief of staff at the Deputy President’s Office had told the court that she and Linturi got married on March 26, 2016.
Furnishing the court with photo evidence, Kitany the court that her husband gave her miraa and later took a sip of mursik (traditional fermented milk) which signified sealing of the marriage.
“Even though he (Linturi) doesn’t like mursik, he took it because it’s a requirement in Kalenjin tradition. For the sake of my marriage, I also tasted miraa,” she said.
But according to Linturi’s lawyer, the exchange of miraa does not constitute a marriage and neither does drinking mursik.
Last week, Linturi argued that he was already in a monogamous marriage with another woman meaning that his union with Kitany was not legally binding.
“Divorce can only be granted if the marriage is legally valid. It will be a waste of time for this case to proceed to a full trial since the respondent had no capacity to enter into any form of marriage with the petitioner,” lawyer Muthomi said.
Today, the lawyer asked Kitany if she was aware that the lawmaker was already married when they met, a question she declined to answer.
He also argued that Linturi’s parents and siblings did not attend the said wedding ceremony as narrated by Kitany.
In fact, he said, Linturi’s friends that were supposedly at the event were at the time out of the country.
Muthomi said all documents on customary marriage shown by Kitany had different dates, hence showing inconsistency.
George Wajakoya, another one of Linturi’s lawyers said that Kitany should be treated like a hostile witness and should be subjected to a psychiatric test.
Wajakoya also dismissed claims that their client paid dowry during the alleged wedding ceremony.
Kitany on her part told the court that witnesses from Meru have been threatened not to testify.