A vicious property battle between Meru Senator Mithika Linturi and his stepson Arnold Kipkirui takes a new twist to be a all-out family wrangle following the inclusion of the senator’s estranged wife Mary Kitany.
On Monday, the High Court approved the senator’s request to have Ms. Kitany enjoined in the case where her son accuses the legislator of fraud.
The court said that Mr. Linturi’s application was right because Ms Kitany was the CEO of a company, Atticon Limited, which he allegedly used to borrow sh 7 million from Family Bank.
Ms Kitany’s son, Mr Kipkirui, claims that in 2015, the legislator used a title deed for their land in Meru and assets as security for the loan. The property hosts the senator’s office.
Justice Alfred Mabeya said, “I have perused the record, I have not seen her name offered as a witness for any of the parties. It is alleged that she has evidence that can help the court completely adjudicate the case.”
The dispute pits Mr. Kipkirui agianst Mr. Linturi, Atticon Ltd, Brenda Mithika, Emily Nkirote Buantai, Family Bank, the land registrar in Meru, Linkit Limited and the registrar of companies. Other plaintiff include Barons Estate Limied and Noniko Holdings Limited.
The feud originated from the ugly divorce proceedings between Mr. Linturi and Ms. Kitany. Mr. Linturi, Ms. Buantai, Ms. Mithika and Linkit Limited told the court that Ms. Kitany is a crucial party in the case.
As the CEO, she reportedly discovered several unauthorized withdrawals of collosal amounts of money from Atticon’s bank accounts.
The court was told that she reported this to DCI for investigation and recorded a statement to that effect.
This report to the DCI hatched criminal proceedings being contemplated against the senator over alleged fraud and forgery of documents in relation to the loan, securities and changes in the ownership of Atticon Ltd.
Further, the court was told that Ms Kitany was actively involved in one of the companies when the irregularities happened. Also, the same were either sanctioned, overseen or authorized by her.
Ms Kitany and hr son opposed the application, saying she has no personal stake, legal interest or duty in the case s to necessitate her joinder. She declared that she has never been a shareholder nor a director of Atticon Ltd.
But Justice Mabeya said there was prove that Ms Litany was the CEO of the company since she had stated so in another case file at a magistrate’s court. That at her position as the CEO, she found out unauthorized withdrawals f huge amounts of money from the company’s bank accounts which prompted her to report it to DCI for probe.
“Although Ms Kitanyy denied these allegations, a fact stated on oath cannot be denied. When denied, it reflects negatively on a party. It may be that she may may have evidence that can assist the court unravel the dispute,” said the judge.
With her absence in the case, Justice Mabeya said the court may miss an opportunity of having a necessary person with crucial information to assist in determination of the matter.
