Meru Senator Mithika Linturi can now take a sigh of relief as the property case between him and the children of former chief of staff at Deputy President William Ruto, Marianne Kitany is set to be heard afresh.
The High Court Judge Justice Grace Nzioka made the ruling following an application by Linturi and three others to set aside a ruling last year blocking them from filing a defense in the case.
The application was supported by the Senator’s trading company Atticon Limited, his personal Assistant Emily Nkirote, and Family Bank.
The Judge allowed them to file defense out of time to allow the dispute which was lodged by Linturi’s ex-wife Kitany’s children and Noniko Holding Limited, be decided on merit.
Justice Nzioka noted that the main issues brought by Kitany’s children are to determine whether the collateral submitted by Senator Linturi to Family Bank to secure a loan is valid.
“It is averred in the plaint that the charge was created without the involvement of the owner of the suit property thus creating an unlawful encumbrance over the property to the detriment of the plaintiffs,” said the judge.
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In the case, Kitany’s children, Arnold Kipkurui and Rhodah Kitany claim that the charge was used by their estranged stepfather, Linturi, and his PA to access a loan from the Family Bank is out of fraud.
According to the children, the collateral is tainted and vitiated by fraud, forgeries, illegality, and therefore its null and void and incapable of conferring any rights.
But defendants said the securities were sanctioned and executed by the memorandum and articles of association of Noniko Holding Limited.
Related: Court Order Kitany To Pay Law Firm Sh1m In Linturi Row
