A property ownership dispute pitting children of former chief of staff at Deputy President William Ruto's office Marianne Kitany against their estranged stepfather, Meru Senator Mithika Linturi, will be heard afresh, the High Court has ruled.
Justice Grace Nzioka made the decision following an application by Mr Linturi and three others to set aside a ruling issued last year blocking them from filing a defence in the case.
The application was supported by Mr Linturi's trading company Atticon Limited, his Personal Assistant Emily Nkirote and Family Bank.
Justice Nzioka allowed them to file defence out of time so that the dispute, which was lodged by Ms Kitany's children and Noniko Holdings Limited, can be decided on merit.
The judge noted that the main issue raised by Ms Kitany's children (plaintiffs) is whether the collateral submitted by Mr Linturi to Family Bank to secure a loan is valid.
"It is averred in the plaint that the charge was created without involvement of the owner of the suit property thus creating an unlawful encumbrance over the property to the detriment of the plaintiffs," said the judge.
In the case, Ms Kitany's children named Arnold Kipkurui and Rhodah Kitany claimed that the charge used by Mr Linturi and his PA to get a loan from Family Bank was out of fraud.
The siblings claimed that the collateral is tainted and vitiated by fraud, forgeries, illegality and therefore it is null and void and incapable of conferring any rights.
However, the defendants said the securities were sanctioned and executed in accordance with the memorandum and articles of association of Noniko Holdings Limited.