Mombasa court stunned by love claims about Senator Emma Mbura

Nominated Senator Emma Mbura. PHOTO: FILE

MOMBASA: A man charged with sending an offensive audio message to nominated Senator Emma Mbura shocked a Mombasa court with claims that she was his former lover. Kalinga Mgandi went on ahead to say that their secret affair had wrecked his marriage.

"The case before you is about love, your honour. I have been having a love affair with the senator. I have separated with my wife because of the senator," Mr Mgandi told a packed courtroom that included Ms Mbura.

Mbura of TNA who was seated in the same court, with a group of supporters looking stunned at the unexpected claim by Kalinga Mgandi, a prominent and controversial activist in Mombasa who was arrested in Nairobi on Sunday and brought to Mombasa Monday morning under heavy guard. Before hell broke loose Kalinga and the senator avoided any form of eye contact.

The genesis of Mbura and Kalinga's altercation is an audio message the activist posted on social media last week and also allegedly delivered to the senator's cellphone questioning her moral conduct and sexual history.

Reports indicate the two have exchanged harsh audio messages posted on social media over the March 7 by-election in Malindi. In one audio message the senator accuses Kalinga who is a TNA activist of links to the Orange Democratic Movement (ODM) and leaking secrets of Jubilee's campaigns to the Opposition. The senator also accuses Kalinga of abandoning his first wife and spreading nasty rumours about her (Mbura). In the same audio the senator admits separating from her, alleged, abusive husband, without divorcing him.

An audio attributed to the senator was in apparent reaction to claims by Kalinga questioning Mbura's behaviour and links to activist Okiya Omtatah among other issues. The senator denies seducing Kalinga and dismisses him as skinny and unattractive and of questionable health status.

Kalinga posted an instant reply on social media unleashing a torrent of claims against the senator including accusing Mbura of seducing him and wrecking his marriage. He questions how the senator earned nomination to the Senate and suggests it was not deserved.

It is Kalinga's audio reply that has landed him in legal problems with the state following a complaint by the senator.

Reports indicate Kalinga was arrested at Makadara Estate in Nairobi after failing to honour a police summons. 

But on Monday his court appearance unleashed new shocking claims and gnashing of teeth when Kalinga claimed to be the senator's former lover. The senator in turn protested the charge police had pressed against Kalinga claiming the charges did not capture what she reported to police.

An argument ensued between Kalinga's and Mbura's lawyer over the activist should plead to the charge of publishing obscene material.

Kalinga made his claims before Mombasa Chief Magistrate Susan Shitubi after Mbura's lawyer Christine Kipsang’ objected that the charges were not what her client had reported.

"I have a right to address the court over this matter because my client has raised it with the prosecution," said Kipsang’.

But as Kipsang’ was addressing the court to oppose the charges being read to Kalinga, the magistrate intervened and told the Kalinga and the senator that she was aware the two were either agitated and excited but the court must be respected.

"I know both of you are agitated and excited but I want you to follow the right procedure because this is the prosecution case. Kipsang’ you have a right to address the court but let's give the prosecution time to look at the complaints you have raised before the plea is taken because this is their case" said Shitubi when Kipsang’ and Kalinga's lawyer Leonard Shimwaka clashed over whether Kipsang’ had a right to address the court and yet the case was being handled by the prosecution.

Mbura who had earlier arrived in the court accompanied by her supporters later confronted the police officer who is investigating the matter to show her the charge sheet.

Upon reading the charge sheet before the start of court proceedings Mbura alleged loudly that what was in the charge sheet is not what she had reported in the police station.

She grabbed the charge sheet from a police officer who was carrying the police file went with it to the prosecutor demanding to be told why Kalinga had not been charged with what she had complained of.

State lawyer Miss Sarah Ogweno advised her to look for a lawyer to hold brief for her if she was not satisfied with what the police had done so that the lawyer can liaise with her over any complaint.

As confusion unfolded Kalinga defied his lawyer's advise not to address the court and went ballistic with the claims against the senator leaving Mbura stunned.

The magistrate adjourned the proceedings before Kalinga could plead in order to cool temperature and also resolve the dispute over the framing of the charge.

Kalinga’s first charge reads that on March 13 2016 at unknown place in the country by means of telecommunication system uttered offensive and obscene claims about the senator.

The matter resumes Tuesday morning.