Lawyers representing Senator Mithika Linturi in his divorce proceedings have protested on how his estranged wife Marianne Kitany has been dragging the matter.
The three lawyers led by Muthomi Thiankolu told Chief Magistrate Peter Gesora that since the matter commenced, Kitany has been conducting practices calculated to delay the expeditious hearing and determination of the dispute and to circumvent the direction given by the high court to have the matter heard immediately.
“There countless incidences of dilatory conduct and dilatory incidences to allow the petitioner to continue enjoying the exparte orders obtained,” Muthomi submitted.
Agitated Muthomi made this submissions after Kitany’s lawyer arrived in court two hours late contrary to the agreed timelines.
Linturi’s lawyer went ahead to mention several incidents to prove his standing.
He said that when the matter started in December last year orders were granted exparte to the applicant (Kitany).
The said orders froze Linturi’s bank accounts, any transaction on his properties across the country and access to his Runda home.
Muthomi said that the matter was initially filed in Meru where also filed an application but on the eve of the hearing of that application, Kitany applied to have the matter transfered to Nairobi on grounds that her safety and that of her lawyer could not be guaranteed in Meru.
Muthomi termed this application as a delay tac tic since the two filed another matter in Meru.
The lawyer further added that after the matter was transfered to Nairobi, Kitany took months before filing her witness statements and affidavits.
He added that Kitany always comes to court late even after breaks.
Muthomi told the court after adjourning the case due to absence of Kitany afew weeks ago after claiming that she was to travel to Meru to mourn Linturi’s father, she never travelled and they can confirm the same.
He said it was a delay tactic.
“Today we had agreed to be here at 9.30am because we were both handling another matter but counsel for the applicant has came at 11.42 am.
This is a wider strategy to dilatory conduct,” he added.
According to Muthomi, an Omari did not even appear before justice Luka Kimaru where they were both handling the same matter.
He also informed the court that the applicant’s refusal to answer questions during her testimony is also a tactic to make the case drag on and on.
“Neither the petitioner not the respondent can handle this case as if the court has the luxury to wait for them,” said the lawyer.
In response lawyer Omari said that the reason he was late today is because he was summoned to appear before justice Stella Mutuku in Tob Cohen’s murder case because the suspect, Sarah Wairimu had allegedly given threats to him and lawyer Judy Thongori so they had to be present.
“That is what made me not appear at 9.30am because it involved my personal life.
Omari said that his client never arrived in Meru because the respondent hired goons to prevent her from going there.
He told the court that they had raised issues of threats to life in camera.
He also denied setting foot in Meru ver since he took up this matter. He said the case in Meru is being handled by his partner Steve Mogaka and other lawyers.
Omari said he is usually late because his clients are women and the “genetic make up” makes them slower than the respondent who is male.
He added that he was present Kimaru’s court and the videos by the media can attest to that.
The case will proceed next month after the magistrate makes the ruling on the issues raised.
