The case pitting Meru Senator Mithika Linturi against Maryanne Kitany has been postponed after the petitioner failed to show up.
Her lawyer Dunstan Omari claimed that it was because Linturi’s father had died on Monday night.
“She is mourning and in the process of going to Meru for the burial program… therefore she is not competent to proceed with the matter,” he told the court.
The advocate further said he had been instructed to pass condolences to Linturi who was in court.
The Senator’s lawyer Muthomi Thiankolu however objected to the statement, accusing his opponent of ‘making statements that appear to determine the case’.
According to him, there was no basis for an adjourning the proceedings.
Responding to claims that the senior Linturi could have died out of shock from details of the case, the lawyer said only pathologists can ascertain the cause of death.
“If indeed my client caused the death let her carry her own cross…no fact has been tabled here to show that Snr Linturi was murdered. We should not take advantage of the situation,” he said.
Omari further castigated the respondent claiming that it is ‘un-African’ to want the hearing to proceed despite the death.
Magistrate Peter Gesora however said the court would not address issues regarding the death of the father.
“I have carefully considered the application…the dates had been fixed ..the respondent is in court and ready to proceed…to properly manage the case I will adjourn the case for today (Tuesday) for only one reason that the petitioner is not in court. ..parties must avail themselves when required,” he said.
The hearing continues on Wednesday.
courtesy Citizen digital