NAIROBI, Kenya, Jun 3 – The contested marriage between Meru Senator Franklin Linturi and Marianne Keitany can be determined by both giving evidence and being cross-examined, the court has ruled.
Whereas Linturi has said that no marriage existed between him and Keitany, the Trial Magistrate Peter Gisora said both parties including elders from Meru, Nandi and Kericho will be called upon to testify.
Other witnesses who be called is the Registrar of Marriages and any persons who witnessed the marriage.
Keitany who has filed divorce against the Senator wants the court to order for cross-examination by lawyers appearing for them.
Linturi’s lawyer Muthomi Thiankolu told the court that the purported marriage never existed as alleged in the divorce case.
He said that the Senator has never married another woman for the last 18 years, except his first wife.
The court heard that he had no capacity to entertain another woman as claimed in the divorce application.
He told the magistrate that divorce is only brought up to take way what he has invested for many years.
However Keitany’s lawyer Danstun Omari said that there is material evidence to demonstrate that indeed the two were married under Meru and Nandi customary law.
“Both elders from the two communities have sworn affidavits and are ready to come testify that marriage existed.”
He told the court that Linturi visited Keitany’s home in Nandi County where he paid dowry to seal the marriage.
Omari submitted that the couple after marriage went to Zambia for their honeymoon, saying there is evidence to that effect.
He urged the in order to appreciate the existence of the marriage it should issue an order summoning the Registrar of Marriages to confirm the same.
Omari told the court already a notice of motion has been filed seeking the attendance of Linturi to come and given evidence and be cross-examined.
The divorce application should not be dismissed by way of preliminary objection; the law requires that parties be given opportunity to be heard fully Keitany’s lawyer Omari said.