Meru Senator Mithika Linturi has moved to court under certificate of urgency seeking to stop the police from arresting or charging him over alleged attempted rape.
Linturi is accused of entering into a couple’s hotel room when the husband was out and allegedly attempted to rape the wife.
According to police documents, the woman reported that the incident happened on January 29,2021 when she was with her husband and friends at Maiyan Villa Resort in Nanyuki.
“Later that night, I retired back to their room but I did not lock the door because my husband was still out. At about 3 am, I heard the door unlocked and since the lights were switched off I assumed it was my husband and the person entered my bed and started touching me in a very unusual manner,” read the police report.
However, according to the woman, the man she thought was her husband, never uttered a single word while he inappropriately touched her and later, they both fell asleep.
“30 minutes later while in the romantic mood I heard a knock on the door and went to open the door only to find my husband standing at the door,” read the report.
After switching on the lights, they both realized that there was a stranger in their bed and the husband became furious raising an alarm.
Their friends who were with them in the hotel came to investigate and one of them identified the stranger as Linturi.
It was later established that the senator was also a guest in the resort and had a room adjacent to the couple’s room and it’s not clear if the legislator confused his villa with that of the couple.
According to the woman,they were offered Sh.200,000 in cash and a Sh.800,000 cheque to settle the matter amicably but later, Linturi reported them for extorting him.
The couple decided to file their complaint of attempted rape and indecent act with an adult against him which he may be charged with if the Director of Public Prosecution approves the charge sheet.
Through lawyer Charles Mwongela, Linturi wants the court to bar the state from charging and arresting him for the attempted rape and indecent.
While answering summons from the Senate Committee National Security, according to Linturi, Interior Cabinet Secretary Fred Matiangi said they intended to charge him with attempted rape as an added charge to the forgery charge he is facing.
He argues that the alleged attempted rape charge was never disclosed to him or the court in May when he filed and got orders to stop his forgery charge.
He says he was unaware of the additional criminal offence of attempted rape which is now being sprung on him as a further surprise.
The senator is facing a nasty divorce case with his estranged wife Marriane Keitani.
Linturi was questioned by police after Kitany claimed her husband had threatened to kill her in a domestic brawl in their Runda home, Nairobi.
It is not clear what triggered the fight, but those aware of the case termed the reasons as serious.
Gigiri OCPD Richard Muguai said although the Senator had not been arrested, there were issues between the couple that the police were addressing.