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Judge now throws out ‘Kilimani mum’ case

By Kamau Muthoni | Published Mon, March 5th 2018 at 00:00, Updated March 5th 2018 at 08:36 GMT +3
The man’s wife spilled the beans on the Facebook group after he confessed to engaging in an extra-marital affair with CMN, who was their friend. [Photo: Courtesy]

In summary

  • Court dismisses case between friends in love triangle
  • Married man who impregnated wife’s best friend claimed he was drugged
  • Mativo says there is nothing constitutional to settle in the affair publicised on Facebook

The High Court has declined to be drawn into a feud between two women whose friendship soured after one found the other had had an affair with her husband.

The two had a publicised spat on the Kilimani Mums Udaku (gossip) Zone Facebook page, where the man’s wife accused the other woman of being a home wrecker.

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The husband owned up to the affair but claimed the other woman drugged him whenever they met in her house until she fell pregnant.

The man’s wife, named WMG, spilled the beans on the Facebook group after he confessed to engaging in an extra-marital affair with CMN, who was their friend.

“… It’s a lot of pain the fact she drugged my husband in her house and had an affair with him. She is now pregnant. My husband says he has no feelings for her. Please everyone be warned, she will get your men,” she posted.

Her friend-turned-foe instituted a case before Justice John Mativo, saying that her rights to privacy and dignity had been trampled on. CMN also told the judge strangers had inquired about the spat.

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The court heard that the petitioner had pleaded with the respondent to pull down the posts but she declined.

WMG admitted that she posted the messages, saying she felt betrayed and was just expressing her psychological pain.

According to the court records, the drama did not end on social media. The two ended up in a police station where WMG allegedly charged at CMN.

But the judge threw the case out, noting that from the admissions, there was nothing constitutional to settle between the parties.

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“I am not persuaded that the petition discloses any violation of constitutional rights as alleged. It is my finding that the truth of the postings complained is not in dispute. It has not been shown that the postings are factually wrong. Further, no malice has been proved,” he said.