Marianne Kitany has denied luring her estranged husband and Meru Senator Mithika Linturi to Sopa Lodge in Naivasha where their love was brewed.
The former chief of staff in Deputy President William Ruto’s office, while being re-examined by Lawyer Danstan Omari, told the court it was a willing buyer-willing seller situation.
In her evidence, she said did not entice Linturi to Sopa Lodge to stop him from tabling a censure motion in Parliament.
“We became intimate. We were both willing. I cohabited with Linturi around June 2014 until March 2016 when we got married and lived as husband and wife,” she said.
Kitany said she got married to Linturi based on love and trust. She said she presented material evidence to prove that a marriage existed between them.
“I provided affidavits and photos. During the cross-examination, nobody challenged the photos I presented,” she said.
Linturi has said they were never married. Kitany presented video evidence to prove they were married. Linturi says he is married to one wife – Mercy Kaimenyi.
Yeterday, Kitany told the court that she became aware of a marriage certificate between Linturi and Kaimenyi in December last year.
“It’s a document of a certain marriage celebrated on April 8, 2000. I didn’t know Linturi at that time. I did not attend that function,” she said.
She told the court only the registrar can confirm the marriage certificate presented by Linturi.
Kitany said a document generated by Tigania Catholic Church is not proof of marriage between Kaimenyi and Linturi.
“This document with a stamp from the Tigania church, according to me, doesn’t confirm a marriage. It can’t be the basis of a confirmation of a marriage. Only the registrar of of marriages can confirm,” she said.
Kitany, however, confirmed that Linturi filed a divorce case against Kaimenyi in 2005.
During cross-examination Kitany was asked whether she has any evidence of a divorce between Linturi and Kaimenyi . Yesterday she said the divorce suit papers formed part of the evidence and that the registrar of judiciary and registrar of marriages can also confirm there was a divorce.
Kitany further made reference to a witness statement of a Catholic Priest Jason Muchemi who claimed that that wedding between Kaimenyi and Linturi was conducted at Tigania Parish.
But Kitany said his being a Catholic priest is not an assurance of him telling the truth. “His a human being,” she said.
During the proceedings, the court declined to order that Kitany undergoes a psychiatric tests. Prof George Wajakoya, representing Linturi, made the request.
Magistrate Peter Gesora said the court has not detected any behaviour for it to make such drastic orders.
In her defence, Kitany said she has sound mind and has never been to a psychiatrist.
“I am also not a pathological liar as insinuated by the defence team. I want this court to grant me orders for divorce between myself and Linturi,” she said.
The case was adjourned to September 24.
The magistrate said it will not be live streamed, but the media will still be allowed to cover the case.
He made the decision after both parties reflected on the issue.
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