As of right now, a magistrate court has declared that Maryanne Kitanny and Mithika Linturi were never married.
The court decided that the common law marriage theory does not apply in Kenya, giving Linturi a victory, and added that the Marriage Act of 2014 required spouses to register a customary marriage.
It further said that a customary marriage that is not legalized cannot be recognized.
“The customary law union allied to Maryanne Kitanny would not suffice as a marriage under the laws of Kenya,” the court ruled.
The magistrate noted that Linturi was in a monogamous marriage with Mercy Kaimenyi and therefore could not hold any other form of marriage including polygamy.
Linturi is the newly nominated Agriculture Cabinet Secretary while Kintanny, who previously served as Chief of Staff in the office of former Deputy President William Ruto, is now the MP for Aldai Constituency.
In the case, Kitanny insisted that she got into a relationship with Linturi in 2014 before they got married in accordance with Meru and Nandi traditions.
However, on his part, Linturi maintained that he has only been married to one wife of 18 years.
