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‘I was exposed to STDs’ Linturi’s wife Keitany says in divorce papers

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Meru senator Mithika Linturi and his wife Marianne Keitany met, fell in love and got married quietly in the corridors of power.

However, the lovebirds-turned-bitter enemies are headed for a nasty split after Kitany formally filed for divorce.

Keitany, a former powerful Chief of Staff at the Office of the Deputy President William Ruto wants their union dissolved for cruelty, neglect, infidelity and desertion.

According to the divorce papers filed at the Chief Magistrate’s Court at Meru, the two were married in a customary marriage under Meru and Nandi customary law on 16th April 2006 at Kapchemosin village, Nandi County.

They thereafter on the 23rd to 26th December 2016 solemnized their union by way of customary marriage under Meru Customary law.

However, in the high-profile divorce suit, Keitany accuses Linturi of among other things failing to provide her with any or at all emotional support, love, affection and care.

He is also not buying Keitany and her children food.

Linturi has instead lost all family values and has transferred his love and affection from her to other women, Kitany says in the court documents supporting her divorce plea.

In divorce papers filed at the Chief Magistrate’s court at Meru, Keitany wants their marriage dissolved because it has “irretrievably broken down, untenable and unsustainable.”

In a certificate of urgency, Keitany’s is seeking preservation orders restraining Linturi of depriving her of property rights in their multi-million estate.

She wants the court to declare that she is entitled to 50% of the shares and assets held by Linturi in Atticon as provided by the Matrimonial properties Act, 2013.

Among the properties she wants preserved include listed matrimonial homes which are registered in Linturi’s name and or on his behalf are owned jointly with her or are held beneficially and in trust for her.

The properties include their palatial matrimonial Runda House at Mae Ridge Country Villas and another one at Maua, Meru.

Others are six plum plots located at Kuputiei North within Kitengela, Kajiado county and two high-end vehicles Range rover and Toyota Lexus.

READ ALSO:   MESSY DIVORCE: Kaitany says Linturi denied her conjugal rights –VIDEO

He also wants a share of the properties owned by Linturi’s other companies: Litany Investments Limited, Arc Business Solutions Ltd, Arkchoice Insurance brokers Limited, Arkchoice pharmaceuticals, Arkgroup Limited and Fancy solutions Limited.

Alternatively, she wants a declaration that the she is entitled to the very least, an equal share either in kind or cash to the proceeds of the sale/transfer of the said properties.

She argues that he properties set out above were acquired and developed by the joint efforts of Linturi and her during the course of their marriage.

She says that her contribution was in the nature of direct monetary contribution in their acquisition, construction, development of the same and non-monetary contribution including, child care, companionship, management of the matrimonial home, management of the family businesses and properties.

“That our union consists of a blended marriage (consisting of children from previous unions) to which I and the Respondent entered into the marriage with three issues [children]each,” she says in her sworn affidavit.

According to Keitany, before they formalized their customary marriage, they cohabited as husband and wife on or around June 2014 and resided at her rented house in Kileleshwa.

They then agreed to purchase and develop their own matrimonial place by building on a piece of plot that they had purchased in Runda and put up a palatial home valued at Sh115 million.

She adds that they also agreed to develop another matrimonial place at Amwamba, Meru County by reconstructing the house and building new premises that would host our guests including his constituents and other political figureheads and leaders.

The Meru home cost Sh44 million, according to her.

Keitany admits that Linturi requested her to stop pursuing reinstatement or otherwise in government after her position as Chief of Staff was declared redundant in the office of the Deputy President.

She says they agreed to that so that she could concentrate on managing their matrimonial homes including their construction and development, the farms, supervision of the companies and related properties as the senator pursued his political career.

READ ALSO:   Kitany to attend Linturi’s father’s burial even as divorce case rages in court

“That as our marriage prospered so did our fortunes increase,” she says.

“I stand to suffer irreparable harm and loss if I am evicted from our matrimonial homes to which I have developed the same at great expense and having established in the process a great emotional attachment for me and our children most particularly regarding our matrimonial homes and other assets acquired during dependency of our marriage,” she adds.

On Wednesday a group of youths stormed their Runda home and threatened to evict Keitany despite a court order barring any attempts to throw her out of the home.

The order dated October 21 also bars Linturi from sexually or physically abusing Keitany. He was also warned not to set foot at the Runda home except in the company of an officer to pick his belonging.

In court through her lawyers Kihang’a & company advocates, Keitany says Linturi has exhibited to and treated her with extreme cruelty and willful emotional, physical and psychological neglect.

In one of the high-profile divorce cases that would be closely watched, Keitany – an ex-aide to Deputy President William Ruto – accuses the politician of threatening to shoot her on several occasions at their matrimonial home.

“The respondent has totally abdicated all his responsibilities to his family as a husband and the respondent is a man of ungoverned temper, irresponsible behavior and outburst of rage. I have on several occasions made effort to reconcile our differences including inviting our family members, close relatives and friends to no avail,” avers Kitany in her affidavit.

To demonstrate the senator’s cruelty, Keitany says on several occasions, Linturi would snatch and smash her mobile phone in rage leaving thereby cutting off communication.

She says her husband has deserted the marriage and doesn’t care about her emotional and psychological needs.

Tabling evidence of Linturi’s infidelity, Keitany says in her papers that the senator has become exremely untrustworthy and lives a very secretive life which always caused great tension in the marriage and the family.

READ ALSO:   Senator Mithika Linturi denounces Maryanne Keitanny in court as domestic dispute gets nastier

She accuses her husband of having illicit affairs with other women outside the wedlock as well as having another family elsewhere.

“I have now learnt he married sometimes early 2018 and is currently cohabiting with another woman,’ she says adding that she is currently on daily medication for depression and psychotherapy as a result.

She adds, “the respondent [Linturi] has been adulterous during the subsistence of the marriage and he has an issue [child] who is currently four years old with another woman born during our marriage.”

According to Keitany, Linturi has failed to show concern or empathy to her emotional needs for love and companionship and in effect denying the Petitioner his marital rights to companionship.

“The respondent [ Linturi] has denied the Petitioner her conjugal rights causing mental anguish and torture as well as humiliating the Petitioner,” says Keitany through her lawyer in the court suit.

In her material evidence before court, Keitany says Linturi is a habitual deserter of the matrimonial home and in fact did so on or about five times each ranging from about two weeks to six months.

“One notably I found him checked in and booked at 14 Riverside Drive, Dusit and another time at Safari Park hotel where he had stayed for close to two weeks. Most recently he has been gone for six months without informing me,” she says.

Further, Keitany says the senator is constantly communicating with other women including exchanging nudity, vulgar and pornographic images and videos thus causing her immense mental anguish.

“I had on several occasions been exposed to venereal diseases and STD’s of various kinds and when I confronted him to accompany me for treatment he threatened me with death,” she said.

She argues that Linturi had been coming home at the wee hours of the night between 11pm and 4am in the morning and turned hostile and irrational when questioned even while she was aware that he was not at his place of work.

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The day Eric Kiraithe went to evict Wangusi out of the Lavington home

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Former police spokesperson Eric Kiraithe quietly arrived at the official residence of the Communications Authority of Kenya (CA) the previous week on Friday.

The home, tucked away on a one-and-a-half acre plot near Valley Arcade, in Nairobi’s Lavington area, is the last battleground between Francis Wangusi, the former CA Director-General and his parent ministry.

Accompanied by at least a dozen police officers, Mr Kiraithe’s mission was to evict Mr Wangusi, who has been a thorn in the flesh for Information Cabinet Secretary Joe Mucheru.

On a good day, the eviction squad could have found Wangusi seated below a shade, at the back of the house overlooking the garden, sipping on any of his favourite drinks, as he watched free-range chicken and other birds roam the expansive compound.

But Mr Kiraithe, who was early this year appointed the ICT Principal Administrative Secretary, soon realised he had picked a bad day to kick Mr Wangusi out of the spacious residence.

He found locked doors and his men had to squeeze through the fence to access the premise to pin a notice on the house asking Wangusi one more time to pack and leave. Mr Wangusi was sick and recovering at Nairobi Hospital on the day his tormentors came calling.

He had defied the first vacation notice dated August 19, which had given him up to September 22 to quit. And to make true their threat, the board withdrew the security services extended to Mr Wangusi among them guards from Lavington Security Limited and deactivated the alarm backup response to the premises.

Just why Mr Wangusi would not leave and spare himself the embarrassment of having to be kicked out by police, no one knows. He told this writer he just needed a little more time to leave and he had been sick, so any employer who is not so cruel would not throw out a man who has just been released from hospital.

But more importantly, he said, the human resources manual allowed a retired member of staff three months to terminate the tenancy agreement of any house occupied, but CA out of malice had given him a 30-day notice.

“They (CA board) want to embarrass me and treat me unfairly. They wrote to me to vacate within 30 days despite the authority’s human resource manual clearly stipulating that a member of staff deemed to have retired from service shall be given a period of three months to terminate tenancy of any house,” Mr Wangusi says in his written response.

He was also putting finishing touches to his house in Karen and would be out of the residence long before the CA completed the recruitment of the next person to occupy the place. Then there was no one to hand over to, so why the hurry?

Mr Wangusi, 61, loves his drink and fiercely speaks his mind freely. He was first appointed CA boss on August 21, 2012. Had he been home that day, his goose could have been cooked.

But as soon as he got wind of the eviction party at his official residence, Mr Wangusi activated his agile lawyers, who immediately rushed to court seeking orders to stop the eviction.

A cat of nine lives, Mr Wangusi has survived several attempts to kick him out of the cash-rich communications regulator. The fiercest came in February last year when he fell out with his boss, the ICT secretary, over the handling of a case between Airtel, which the agency lost.

READ ALSO:   Mystery as senator's house help dies after sharing a meal with him

He would also refuse to give the ministry money to run its activities from his surplus. He also pulled a shocker when he refused President Kenyatta Sh1 billion from the USF to help police fight cybercrime. He would defy the order on grounds that he had no such money to offer. All this defiance made him a marked man. Mr Wangusi would, one morning, wake up to find he had been sent on forced leave.

He fought his way back through the corridors of justice and forced the CA to resort to an out-of-court settlement in a deal that allowed him to serve the remaining bit of his term.

How he would imagine that he would stay one more day at the agency after the end of his term is as puzzling as the request itself.

Mr Wangusi also made his name when he pushed through the digital migration and stood his ground against the media, causing great losses to local companies.

Now even at his retirement, he is not getting out of the agency he has worked for the past two decades without a fight.

At stake is at least Sh23 billion sitting in various accounts of the communications regulator at a time when the government is broke.

About Sh9 billion is in the Universal Service Fund (USF) — a kitty set up to fund mobile network expansion to far-flung rural areas that do not make business sense for telcos.

The fund is administered by CA and has been a target by national government of diversion of funds. The remaining Sh14 billion is held in other conventional accounts of the agency and getting more than Sh20 million requires the signature of the director-general.

Mr Wangusi’s official last day at the communications agency was on August 21, 2019 after a second and final term of four years as DG.

But four months later, the space scientist is yet to officially hand over his office following a series of board blunders and missteps at the agency that have characterised CA over the last few years.

Either by design or coincidence, Mr Wangusi has been the biggest beneficiary of the blunders that have seen him remain in office. He maintains that he vacated office. In fact, he swears that he retired peacefully, but as a law-abiding citizen, his handover must be above board.

Smart Company now goes behind the scenes of boardroom wars that have stalked CA in the last three months and the dramatic exit of Mr Wangusi, in another season of board composition standoff.

Several days before his term officially came to an end, Mr Wangusi wrote to the CA board chairman Ben Gituku seeking guidance on the way forward. He said in the letter that he was in a dilemma given that on one end, his final term was coming to an end, but on the other, he had orders from the labour court, which according to his interpretation, allowed him to stay put until the authority puts in place a substantive board.

Without a properly constituted board, any appointments by the CA board, according to Mr Wangusi, would have been illegal.

Though the orders were separately sought by the Consumers Federation of Kenya (Cofek) and activist Okiya Omtatah, the CA believed that Mr Wangusi was behind the suit, claims he denies.

It’s easy to see why the board felt Mr Wangusi had sponsored the court action. In the Omtatah petition, the activist asked for the court to allow Mr Wangusi to file an affidavit to show his willingness to continue in office and the basis of such willingness.

READ ALSO:   Kitany to attend Linturi’s father’s burial even as divorce case rages in court

Besides, the CA board had its own interpretation of the same court order, and for them, the labour court had only stopped them from appointing a new DG and the status quo order did not mean he would be staying.

“The court ordered and gave directions that the “status quo” relating to the recruitment of the director-general be extended,” the CA said in a statement to the media.

“The court specifically pronounced itself on the import and effect of the order of status quo, to mean that it was in relation to recruitment of the director-general and not the extension of the term of office of the former director-general,” the communications regulator said.

The agency said it was necessary to clarify what it termed as media misrepresentations of the August 27 court order. The CA said Mr Wangusi had served his term and it was time to exit.

Two days to the end of Mr Wangusi’s contract, Mr Gituku wrote back, making it clear that the board did not intend to keep him around one day longer, irrespective of the court ruling and the lack of legal quorum at the board.

“As you are aware, the four years employment contract commenced on 22/8/2015 and hence will end on 21/8/2019, this being your last employment date at CA,” Gituku said in the letter.

“You will also note that clause No. 6 of the appointment letter indicated that the contract shall not be renewable since you were serving a second term,” Mr Gituku added. He spelt out that Mr Wangusi will be paid a service gratuity and a retirement token in line with the HR policy manual.

But first, Mr Wangusi had to complete a clearance certificate and return it alongside any other assets that were in his care before the retirement date.

Most importantly, Mr Wangusi was required to surrender his signing mandate, which would allow the CA board to appoint the next DG.

Before this letter, Mr Wangusi in his signature abrasive leadership style had used the vacuum in the board to make an unprecedented decision.

He had technically appointed the officer who will act in his place after his exit. His preferred successor until CA appointed a substantive board was Mr Juma Kandie, the HR boss.

“I write to inform you that I have left Mr Juma Kandie, director — human capital and administration, to hold brief and take care of all matters that relate to the office of the director-general including procurement matters,” Mr Wangusi said in a letter to the CA board on August 21, his last day in office.

For the avoidance of doubt as to his intention, he wrote a similar memo to the rest of staff.

That is when all hell broke loose. There is no precedent for such an action, at least not among Kenyan parastatals where once the term of the chief executive nears an end, the practice is to pack and go for terminal leave, three months before due date, to give the board a chance to recruit a suitable replacement.

Mr Wangusi’s action also served as another move to embarrass the ICT ministry, which was already smarting from an unfavourable court decision.

It did not also go down well with the CA board as events that would follow revealed.

The following day, what was left of the authority’s board met quickly and picked Mrs Mercy Wanjau, a commercial lawyer and the legal director at CA to the corner office.

READ ALSO:   MESSY DIVORCE: Kaitany says Linturi denied her conjugal rights –VIDEO

At the meeting were Mr Gituku, ICT Principal Secretary Jerome Ochieng, Festus King’ori, an alternate director to the National Treasury PS and Mr Peter Wanjohi, the alternate director representing the Interior PS and the CA director consumer and Public Affairs, Mr Christopher Wambua.

It is this composition of the board that misses independent directors, that has been making decisions at CA that have been easily overturned by the courts as it is a one-sided board.

Only the chairman can be said to be an independent director. To be properly constituted, the board should have seven members, three of whom should be government representatives from the National Treasury, ICT, and Interior ministries. The rest should be independent directors with the DG as an ex-officio member. Now the board only has government appointees.

Instituting a board and on time has always been uphill for the ICT ministry. The last three boards have not assumed office without a fight.

The ICT ministry was again this year cornered after activists accused Mucheru of hand picking and appointing members of the CA board, which was inconsistent with the provisions of the Constitution, which require an open, fair, competitive, merit-based and inclusive processes of recruiting and appointing individuals into public offices.

The processes should also be subjected to public participation, which includes advertising vacancies, publishing lists of all applicants and shortlisted candidates and announcing and holding interviews in the open.

It is on this grounds that the court found that the ministry had a case to answer and stopped it from proceeding with the constitution of the board, which in turn is mandated to jump-start the process of recruiting the CA boss.

Mr Wangusi was not done yet. He would, on September 5, two weeks into retirement, write another letter to the head of public service Joseph Kinyua, seeking his intervention on the effective transition at the CA.

In the letter, Mr Wangusi argues that he was never provided an opportunity to know who was taking over the duties of his office and, therefore, had no opportunity to either hand over or brief anyone on the strategic and critical issues relating to the office in line with good governance.

“There has been a misconception that I did not cooperate upon receiving instruction to exit office and that I have contested the decision in court. I wish to clarify that none of the fore mentioned positions are true,” Mr Wangusi wrote.

He added that the court order had muddied the water and made it harder to know what route to follow in the exit process without jeopardising the assets and role of the agency in meeting the Big 4 agenda.

Mr Kinyua did not respond. It was now too late for any meaningful intervention.

Another significant development happened early in the year.

The Ethics and Anti-Corruption Commission pounced on six managers at CA over procurement irregularities, an action that reduced the pool of experienced employees that would compete for Wangusi’s job when the right time came.

Ironically, the six were arrested for cancelling a Sh4.4 million tender to renovate a stand at the Agricultural Society of Kenya show ground, in favour of Sh1.9 million, an action that saved the agency Sh2.5 million.

Whichever way it goes, Mr Wangusi exits having ruffled more than a few feathers.

by  nation

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Form Two girl stabs man to death

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A Form Two student stabbed a man to death following a quarrel, Bomet officials said.

The girl, 18, stabbed the 29-year-old shoe-shiner at Boito Trading Centre on Monday night.

Boito chief John Cheruiyot said a scuffle ensured after the girl rejected advances from the man.

“The man is said to have attempted to seduce the girl and his advances were spurned leading to the scuffle,” Mr Cheruiyot said.

Konoin police boss Alex Shikondi said the suspect was arrested and is being detained at Mogogosiek Police Station.

The body of the victim was moved to Kapkatet Sub-County Hospital mortuary.

Meanwhile in Gem, Siaya, a 15-year-old girl was on Monday evening stabbed to death by her boyfriend.

Gem police boss Harriet Kinya said the suspect, Fredrick Akula Onyango, 23, has a pending defilement case in court.

The suspect is in police custody and will be arraigned once investigation is complete, the police boss said.

In another incident a 35-year-old man committed suicide by jumping into a well after a domestic disagreement with his wife.

Ms Kinya, who confirmed the incident, said the body of the victim was moved to Bondo Sub-County Hospital mortuary for post-mortem.

by nation

READ ALSO:   Linturi asks court to throw out Marianne Kitany's divorce case
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Man was ‘victim of domestic abuse’

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The family of a man who died after he drove his vehicle into the Indian Ocean last weekend, claims he had endured years of domestic abuse by his wife.

On Tuesday, the victim’s mother, Musangi Mutinda, accused her son’s wife of misrepresenting issues and being economical with the truth.

In an interview with the Nation newspaper at her Kyanika village home in Kitui County, the grieving mother said her son had been recovering from severe burns inflicted when his wife scalded him with hot water in November.

“My son died out of depression and despair because of the domestic violence and marital anguish he endured at home.

“It is, therefore, wrong for his wife to insinuate he had gone mad,” said Mrs Mutinda.

Mrs Musangi Mutinda, John Mutinda’s mother, during the interview on December 10, 2019. PHOTO | KITAVI MUTUA | NATION MEDIA GROUP

On Saturday, the man stormed out of his house in Vanga Estate, Mombasa, at around 4 am, got into his vehicle, sped off towards the Likoni crossing, and drove into the ocean.

According to his relative, Bernard Kieti, he told his wife that he had ”received a call from his late father” before leaving the house in a huff.

“He was saying things that his wife could not comprehend when he left. The wife tried in vain to stop him,” Mr Kieti, who spoke on behalf of the family, said during an interview at the crossing.

READ ALSO:   Senator Mithika Linturi denounces Maryanne Keitanny in court as domestic dispute gets nastier

But a visibly angry mother said the woman was the reason her son decided to take his own life. She said that life with her was unbearable.

While displaying photographs of her son, with burn wounds all over his chest, Mrs Mutinda said the wife’s misrepresentation of facts aggravated the pain of losing the father of three children.

“After she scalded him with hot water, she rushed to lodge a complaint at Central Police Station in Mombasa, prompting police to lock up my son for four days,” the mother said, adding that he was released without charges.

Mrs Mutinda urged police in Mombasa to investigate her daughter-in-law over the alleged domestic abuse and release the findings of the post-mortem for the truth to be known.

Her story was corroborated by the victim’s siblings, who rejected the narrative of mental disturbance but regretted not intervening earlier to keep him from giving up on his life.

Ruth Mueni breaks down after her husband’s body was retrieved from the ocean at the Likoni Channel on December 7, 2019. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP

Contacted for comment, Ms Mueni acknowledged they had marital issues but insisted the media should let her mourn her husband in peace.

She declined to discuss why she scalded her late husband with hot water, only saying she needed time to explain the circumstances to her mother-in-law and other family members who complained about her.

READ ALSO:   Kitany: I have lost my father-in-law

“Who has given you those photos? This is a private family issue. I cannot talk at the moment because I am at a police station organising the postmortem,” she said, adding the media should not bother her as she mourns her husband.

According to the Kenya Ferry Services, Mr Mutinda, 46, drove straight into the sea at around 4.20 am Saturday without paying for the ticket.

Soon after the incident, officers from the Kenya Navy and the Kenya Police Marine swung into action.

The victim’s body was retrieved shortly after 9 am and taken to Jocham Hospital mortuary.

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