Maryanne Kitany; the ex-wife to Meru Senator Mithika Linturi, on Tuesday moved to Court seeking the dismissal of a case by the latter, where he sought to block his arrest and prosecution, for allegations of attempted rape that happened earlier this year at a Nanyuki hotel.
In court documents submitted on Tuesday, Ms Kitany, the Directorate of Criminal Investigations and Director of Public Prosecutions accused Senator Linturi of using the case to delay administration of justice.
According to Kitany, Linturi’s petition to block his arrest and prosecution is not warranted since no charges have been approved against him.
She argues that the case is a ploy by the senator to delay their divorce proceedings at a separate court.
“Linturi is not entitled to the orders sought because the application has no merits. His application is a mere afterthought and merely meant to embarrass, drag and delay hearing and determination of the petition (on commercial disputes). Grounds upon which his application is based are speculative hence unjust and unenforceable,” Kitany said as quoted by Nation.
The case is set to be heard on October 12, 2021.
Last month, Linturi moved to court seeking to block the police from arresting and prosecuting him over an alleged attempted rape case.
In his court papers, Linturi claimed that he had received a letter belonging to the DCI which indicated that he’d been accused of attempted rape.
The Senator argued that he has never been informed of the alleged criminal offence and requested the court to block his arrest and prosecution.
Senator Linturi is alleged to have entered a couple’s hotel room when the husband was out and reportedly attempted to rape the wife.
According to police reports, the incident happened on January 29, 2021, at Maiyan Villas Resort Nanyuki.