NAIROBI, Kenya Oct 10 – A Catholic priest on Wednesday took the witness stand to give testimony in Senator Mithika Linturi and Marianne Kitany’s divorce case.
Father Jason Muchemi, who is a Catholic priest at Tigania Parish church, took the court through the marriage between the senator and his wife Mercy Kaimenyi.
Fr Muchemi, told trial Magistrate Peter Gisora, that indeed the senator was married to Mercy Kaimenyi in a ceremony he presided over at the church.
The witness was brought in after a request was made by Linturi’s defence lawyer, that he be allowed to adduce his evidence since he was traveling outside the country for an unspecified period of time.
However, before the hearing started, Linturi’s lawyer Muthomi Thiankoru, applied to have the matter heard in camera as opposed to Kitany’s evidence which was heard in public, complete with live television coverage.
He told the court that their line of prosecuting the case is different and did nor require media coverage.
The application was strongly opposed by Kitany’s lawyers led by Danstan Omari on grounds that the applicant gave her evidence in public and was even cross-examined by the defence.
“The court has not been told reasons why the defence want the matter heard in camera. This is a public matter,” the lawyers submitted.
The court heard that Fr Muchemi is not a protected witness as provided under the law.
The defense insisted that if the witness was to be allowed to testify in camera, they will need to cross-examine him in public.
The court ruled that the witness should testify in camera, but the defense team has vowed to appeal the decision on Fridayapplied against the decision, by relying on a legal authority they said allows divorce matters to be heard in public.
