• Omari said Kitany is in mourning and is in the process of going to her home in Meru to be part of her father-in-law's burial programme.
• She said she was not competent to proceed with the case after facing such a 'massive death blow'.
Image: ENOS TECHE
Marianne Kitany, the former chief of staff in the Office of the Deputy President, on Tuesday applied for an adjournment on her ongoing divorce case against Meru Senator Mithika Linturi.
Through her lawyer Danstan Omari, Kitany said she was not ready to proceed following the death of Linturi's father on Monday night.
Omari said Kitany is in mourning and is in the process of going to her home in Meru to be part of her father-in-law's burial programme.
She said she was not competent to proceed with the case after facing such a 'massive death blow'.
"I have instructions from Kitany to pass her sincere condolences to her husband Linturi and to the whole Igembe community for the loss," Omari said.
The lawyer said the death was unfortunate but that was Kitany's position and wants the court to issue different dates for the case to proceed.
However in a swift rejoinder, Linturi said he is ready to proceed with the case.
The senator's lawyer Muthomi Thiankolu said it was unfortunate that Kitany is using the death as a platform in the case.
"I sought instructions from my clients on whether we should proceed or not. Its never the counsel's case. The instructions I received was that as unfortunate the developments are, we should proceed," Muthomi said.
The lawyer said there are many aspects of Linturi's life which have been held in abeyance pending outcome of this case
"Life has become impossible for Linturi. Marriane should not cry louder than the bereaved" Muthomi said.
"Under Meru customary law his father has been in a weak state of mind when he learned that a woman crossed boundaries to go build a house for his son yet he is a member of the Njuri Njeke. It's demeaning. His death is attributed from shock...he couldn't believe that a woman came to build a house for his son. It's unfortunate that we have to say this."
Linturi said his late father was not happy because of the scandalous allegations that Marriane had built for Linturi a house when he has sons and daughters.
Omari, however, said it was totally "unAfrican" for Linturi to say he is ready to proceed with the case despite his father's demise.
"Marriane has a right to be heard when she is emotionally stable to preset her case," Omari added.
"If he [Linturi] insists it proceeds, let's come back on Friday but not today."
However, Chief Magistrate Peter Gesora ruled that the case has been heard consecutively to avoid delay.
Gesora did not delve into the death of Linturi's father and adjourned Tuesday's hearing as Kitany was not in court.
The case will proceed on Wednesday at 8am.