The divorce hearing for former Chief of Staff in the office of the Deputy President, Marianne Kitany and Meru Senator Mithika Linturi has taken yet another strange and scandalous twist after Kitany filed an application to have senior principal magistrate Grace Mmasi recuse herself from the case, claiming an unacceptable liking that the magistrate has for her ex-husband.
In the application that has been filed by her lawyer, Danstan Omari, Marianne Kitany says that despite magistrate Grace Mmasi having been informed of the unsuitability of December 15 for Miss Kitany as a hearing date, she still went ahead to propose it.
“The court proposed December 15 which her advocate indicated was not convenient and thereafter requested for a date after mid-January 2021 as per his diary,”
Miss Kitany says that from this, and taking into consideration other incidents, she doesn’t have faith that the magistrate will deliver a ruling that is founded on fairness and which will be just.
“I wish to state that from the above incidences, I am worried that I am likely not to get justice if my case is heard and determined by the current trial court who appears not to consider the sentiments by my advocate,” she said.
Kitany’s legal team presented documents showing that the magistrate was adamant the case goes on as scheduled since she was about to retire and wanted the case to be timely.
Kitany further says Mmasi had disclosed to them that she had received communication from the High Court asking questions and seeking information on the progress of the divorce case.
“The said communication from the High Court is a clear indication of interference from other courts in this matter and same was not received by Keitanny who is a party in this matter,” she said.
Interestingly, Mmasi is the fourth magistrate hearing the case. Liz Gicheha was the first one, but recused herself due to having previous dealings with one of the litigants. Principal magistrate Mburu was the second one, but also recused himself due to personal reasons he refused to disclose. Chief Magistrate Gesora was curiously transferred before proceeding further.