Meru Senator Mithika Linturi’s divorce case has taken a shift following a court ruling that ordered for it to be heard in Nairobi’s Milimani Law Courts, Family Division.
The ruling read by Justice Abida Aroni ordered that the Senator’s case with his estranged wife Maryanne Jebet Kitanny will be heard in Nairobi as she has jurisdiction to hear the matter.
The ruling dismissed the Senator’s plea that sought to have the matter heard in Meru.
Justice Aroni’s ruling was in favor of Ms Kitanny who had objected the transfer of the case to Meru Law Courts.
According to Maryanne, her life would be in danger if the case would be heard in Meru especially when she would be required to appear in court.
During his submissions, Maryanne’s lawyer Danstan Omar noted: “The applicant is apprehensive that the respondent’s voters might harm her should she travel to Meru.”
Maryanne further alleged that after filing for divorce, she had received death threats which she had reported to the Directorate of Criminal Investigations (DCI).
She then affirmed to the court,”That the respondents and I both reside in Nairobi and therefore the Milimani Chief Magistrate Court has jurisdiction to hear and determine the said divorce petition.”
In his defense Linturi argued that the court had no jurisdiction to grant a divorce or any other matrimonial relief since there is no valid agreement of marriage between the two.
“The respondent has never celebrated a customary marriage or any other form of marriage with the petitioner as alleged in the petition,” claimed Mr Linturi’s lawyer.
The legislator’s wife filed for the divorce accusing Linturi of failing to provide for her with any emotional support, love , affection and care among other issues.
Maryanne further lamented that the lawmaker had transferred his care and affection to other women.