The dispute between Meru Senator Mithika Linturi and his estranged wife, Ms Marianne Kitany, took a new twist after one of their children moved to court seeking to stop the lawmaker from taking a loan using one of their properties.
In an application filed in a chief magistrate’s court in Milimani, Nairobi, Mr Arnold Kipkirui alleges that Mr Linturi, through Atticon Ltd, took a Sh7.2 million loan and used a title deed for their land in Meru as security.
Mr Kipkurui has named Mr Linturi, the registrar of lands, the registrar of companies and the Attorney-General, among others, as respondents in the case.
Through lawyer Stephen Mogaka, Mr Kipkirui wants the case certified urgent, and that a temporary injunction be issued restraining Atticon and Mr Linturi from borrowing more money.
He said he is the managing director of Linkit Ltd, which owns the land, and that he was never informed of the plans to borrow money, and the contract was entered into without his knowledge. He said he got wind of the loan only in February.
Mr Kipkirui said in an affidavit that the credit is a product of fraud and forgeries. “I never executed any document whatsoever relating to the lending by Family Bank to Atticon or to charge the company’s property to the bank,” he said.
He wants the entries made to the registrar of lands, especially on encumbrances, expunged because “they are tainted with illegalities”.
He said the presence of the encumbrances has deprived him of the right to use the property, while Mr Linturi and others have been unfairly enriching themselves using it.
Mr Linturi and Ms Kitany have been embroiled in a property dispute since she was thrown out of their Runda home last year. But the court granted her exclusive use of the home, pending the outcome of divorce proceedings.
The High Court also issued orders stopping the Senator from selling some of the properties they allegedly co-own, pending the determination of a case pending in court.