Meru senator Mithika Linturi can breathe easy after the high court on Tuesday barred police from arresting and charging him.
This is in relation to an ongoing case involving his estranged wife, Marriane Kitany.
Kitany has accused the legislator of using forged documents to secure a Ksh530 million loan from Family Bank.
Earlier today while blocking his arrest, justice Hedwig Ong’udi noted that the Director of Criminal Investigations (DCI) ignored the legislator’s complaints before recommending his prosecution.
Justice Ong’undi said that the DCI did not consider Linturi’s statement when recommending that he is charged with forgery.
In her ruling, justice Ong’undi ordered the DCI to consider the lawmaker’s statement and forward another file to the DPP within 90 days.
Through lawyer Charles Mwongela, the Meru senator argued that his arrest was meant to give Kitany an advantage in the civil and commercial cases.
Court documents show that Kitany and Linturi are fighting for the ownership of Atticon Ltd which was formerly owned by the latter.
This was before ceding 50 percent stake to Baron Estates Ltd, a firm associated with Kitany.
At first, Baron guaranteed a loan of Ksh50 million, before it was kicked out of Atticon and the loan increased to Ksh530 million, using Baron properties as security.
Baron had two signatories, Ms Rhoda Kitany and Collins Kipchumba Ngetich. According to an audit, the signatures of the two were forged for Atticon to acquire three loans, one in the form of an overdraft.
At first, Atticon acquired Ksh100 million from Family Bank before adding another loan of Ksh325.7 million. The last one was an overdraft of Ksh100 million.