Nominated Senator Emma Mbura has lost a court case, in which she had accused Mombasa-based political activist, namely Kalinga Mgandi, of defamation.
Senator Mbura had in March last year sued Mgandi for allegedly taking to social media to post audio clips claiming that his marriage ended following an illicit relationship with Mbura.
Mgandi had pleaded not guilty of improper use of a licensed telecommunications gadget.
He denied that on March 13, 2016 through the Mombasa community forum WhatsApp group, he sent abusive audio clips stating Mbura is fond of snatching other women’s husbands.
“You are not woman enough if you are sleeping with your children, snatching other women’s husbands using charms. All men in this forum be careful with this [expletive],” read part of the charge sheet.
The message was posted in other forums called ‘Mwahima tena tosha 2017’, ‘Mwahima strategic team’ and ‘Likoni constituency forum’.
It was argued that the defendant’s message caused Mbura pain and anguish.
While issuing the verdict on Thursday, March 16, 2017 Mombasa-based judge, Francis Kyambia, said the plaintiff did not follow appropriate procedure in filing her case, thus dismissing Mbura’s application.
Mgandi had first been arraigned in court on March 21 last year, and charged with improper use of a licensed telecommunications gadget.
The vocal activist stirred the court last year when his name was mentioned.
He stood up and told chief magistrate Susan Shitubi that theirs was a love affair and that “he has been making love with the Senator for quite some time.” Mgandi further told the court the affair led to his separation from his wife and family.
He was also charged with saying ‘useless senator, you have lost focus’.
Kalinga was released on KSh200, 000 bond.