Woman taken to court over 500 'hate' texts

Kakamega High Court of Kenya and Chief Magistrates Court

A woman has been accused of sending over 500 abusive text messages to two Kakamega-based Administration Police (AP) officers.

Constable Brenda Mukolwe and her husband Inspector James Makomere  filed a suit against Nairobi-based TV producer Sheila Mulinya, accusing her of sending them over 500 messages touching on their repute between April 14 and May 2015.

But yesterday, Mukolwe admitted in a Kakamega court that she too sent two abusive messages to Mulinya.

"Mulinya has ceaselessly and continuously authored and communicated hate messages by way of SMS to the plaintiffs by use of her mobile phones to the effect that the two are individually and jointly persons of loose morals and mentally unstable," read the plaint.

Appearing before senior resident magistrate James Ong'ondo, Mulinya said she was provoked into the exchange.

She said she was Makomere's girlfriend and that Brenda knew about it.

Brenda was forced to read two messages which she had sent to Mulinya and asked whether they were equally abusive or not.

She also admitted that she had not presented any of the 500 text messages  to court as exhibit.

"I have not produced any message to the court, they are with my advocate. I have also not proved before court that a third party got access to the messages to this court," said Brenda during cross examination by Mulinya's advocate.

There was a standoff in the court when Brenda refused to be cross-examined by Mulinya's advocate on her relationship with Makomere.

She protested and had declined to answer any question pertaining to the relationship, which Mulinya had alleged in her counter accusation was incestuous and non-existent.

"Our marriage was customary and there was no dowry paid. What I know is that there are arrangements to make the dowry payments," said Brenda when asked whether she was indeed married.

Brenda's advocate, Gregory Ombito, argued against presentation of text messages by Mulinya's advocate, arguing that it provided fresh evidence which had caught his client unawares, a wish that was granted by the court. Ong'ondo said the case will be heard on June 21 and Makomere is also expected to testify.