Senator Mithika Linturi's divorce case just took a different turn after his dad died.

Lawyer Danstan Omari who is representing Marriane Kitany in the divorce says they are not ready to proceed.

Omari says Linturi's father passed on yesternight and that Marriane is mourning. She's in process of going to her home in Meru to be part and parcel of the burial programmes.

Adding that she's not able to continue with the divorce proceedings after "facing such a massive death blow to proceed with the matter. I have instructions from her to pass her sincere condolences to her husband, Linturi. And to the whole Ugembe community for the loss."

Omari says its unfortunate but that is the position.

However, Linturi said in court that he is ready to proceed.

Marrianne wants the court to issue different dates for the court proceedings.

Muthomi Thiankolu who is Linturi's says it's unfortunate that she is using death as a platform in this case.

"I sought instructions from my clients on whether we should proceed or not. It's never the counsel's case. The instructions I received was that as unfortunate the developments are, we should proceed.

The lawyer added that life has become impossible for Linturi.

'Marriane should not cry louder than the bereaved' says muthomi. "We want this matter to proceed despite my client (Linturi) losing his father yesternight. Under meru customary law his father has been in a weak state of mind when he learned that a woman crossed boundaries to go build a house for his son yet he is a member of njuri njeke. Its demeaning."

Adding, "His death is attributed from shock...he couldn't believe that a woman came to build a house for his son. It is unfortunate that we have to say this."

The court has taken a break. The magistrate will be back shortly to give directions.