Merianne kaitany suffers a blow after court dismissed her application for child upkeep.

Marianne Keitany during a previous court case.

Maryanne Keitany, the enstranged wife of Senator Minthika Linturi has suffered a blow after a children’s Court dismissed a case in which she wanted the legislator compelled to pay upkeep for her 3 children she got in a previous marriage.

In the matter which was before the Children’s Court,Keitany wanted Linturi to bear parental responsibility even though he is not their biological father of the children .

Senior Resident Magistrate G.M Gitonga agreed with Linturi and dismissed the case saying itwas an “abuse of the Court process.

According to Linturi’s lawyer Muthomi Thiankolu ,Keitany got maintainance orders for the children from John Langat who is the biological father of 2 children in a divorce petition dated 150 of 2010.

On issue of parental responsibility, the Senior Resident Magistrate GM Gitonga ruled that Linturi was not the biological parent of any of the three children.

The Court also pointed out that the Keitany had not shown what harm the children faced that would warrant moving to Court seeking orders against Linturi.

Linturi on his part denied the children were his.”I am not the father of the children.I have never accepted or embraced the Applicant’s children as my biological children as alleged in the main Application and the Supporting Affidavit or at all.”he argued.

Linturi through Advocate Thiankolu accused Keitany of using the case to scandalize him.
“The Application is part of the Applicant’s scheme to persecute, vex, scandalise, oppress and harass me for refusing to marry or enter into any form of marital relationship with her. “he stated.

Linturi further argued that the case was a ploy by Keitany to have him compelled to exercise parental responsibility a over children and he did not sire and who should be under the custody her ex-husband and sister.

The Court however pointed out that a person who is not a biological parent could acquire parental responsibility as contemplated by Section . 94 of the Children Act and held that the Keitany could organise her pleadings and still sue Linturi

Linturi insisted that Keitany’s children were born during the subsistence of a valid marriage between her and John Langat.

The Legislator instead claimed that Keitany wanted to use the case to blackmail him and
transfer Langat’s parental responsibility to him .

“The main Application is a smokescreen for the Applicant’s vengeful scheme of extorting, blackmailing, harassing, vexing and scandalizing the Respondent for refusing to requite the Applicant’s love and marry her”.he pointed out
Keitany and Linturi have been embroiled in a vicious legal battle over their troubled union and property.

He added that Keitany has obtained drastic interlocutory orders against him in several suits, on the basis of a fictional Meru customary marriage which would in any event be void even if all the facts were assumed in her favour;

 

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