Senator Linturi’s marriage certificate has errors – court rules
- Magistrate Peter Gesora noted that the signatures appearing on the marriage record are glaring different, giving credence to the argument that the certificate has some discrepancies.
- Gesora noted that the name of the person who typed the certificate and also the one who checked, are conspicuously missing from the certified copy and it is not known who appended the signatures.
A Nairobi court has ruled that a marriage certificate produced in court by Meru Senator Mithika Linturi as proof of marriage to his first wife has discrepancies.
The court, hence, directed that the divorce case pitting the Senator against his second wife Maryanne Kitany be heard in full.
In a ruling delivered on Monday, Magistrate Peter Gesora noted that the signatures appearing on the marriage record are glaring different, giving credence to the argument that the certificate has some discrepancies.
“It is my humble view that for there to be a certification for the certified copy of the marriage, it is either the original copy is missing or a party is seeking to have a copy held by the registrar of marriage issued to him,”court noted.
Gesora noted that the name of the person who typed the certificate and also the one who checked, are conspicuously missing from the certified copy and it is not known who appended the signatures thereof.
The magistrate this ruled that all parties in the case should be cross-examined.
Lawyer Danstan Omari has hinted that his client Maryanne Kitany will call at least 30 witnesses in the case to show to the court that she was indeed married by the Senator.
The hearing of the case was set for June 23-25.
In the case, Meru Senator Mithika Linturi has asked the court to strike out divorce proceedings by his estranged wife Marianne Kitany, saying he is married to only one woman.
The legislator argued that Kitany’s claims of a marriage were false, adding that even if photos of the alleged customary marriage exist, they do not make the marriage legal and they prove nothing.
“Even if we are to assume they went through a customary marriage, it would still be void. There would be no marriage for you to annul,” he said.
The lawmaker told the court that he only allowed Kitany to stay as a visitor.
He argued that a Christian marriage is a monogamous marriage and so he had no capacity to conduct a customary marriage since it would be void.
Kitany on her part accused Linturi of forging the marriage certificate he produced in court.
Through lawyer Omari, Kitany says there was never a marriage between Linturi and the alleged wife. Omari also denied claims Kitany was harassing Linturi, saying she is a jobless woman with no capacity to harass a senator.
“It’s him (Linturi) who evicted my client from their matrimonial home until the court intervened and gave her access to the house,” he added.
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