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Hubby in court for calling wife ‘whore of the year’

County_Nairobi
 Dominic Mutinda is said to have sent abusive text messages to his wife, Emma Wangui, on April 24 in Changamwe, Mombasa

A man admitted to a Mombasa court to calling his wife “whore of the year” after he busted her with another man. 

Dominic Mutinda is said to have sent abusive text messages to his wife, Emma Wangui, on April 24 in Changamwe, Mombasa. Mutinda, who is in his late 20s, told Mombasa Chief Magistrate Teresia Matheka that he called his wife a whore because of her infidelity.

“I followed my wife secretly to a house. I entered the house through the back door and busted her kissing her secret lover. When I confronted her, she abused me and so out of anger, I wrote her the message,” admitted Mutinda.

The message read in part: “...prostitute of the year who moves with every man in the village.”

Mutinda claims he fears for his life.

“Your honour, I fear for my life because she told me that as long as she is alive, I will never marry another woman. She said I would face her wrath if I marry another woman,” Mutinda told the court.

The court raised concern with the Libel Act under which Mutinda was charged.  According to the Chief Magistrate, under section 194 of the Libel Act, libel only applies in case of defamatory remarks are published and seen by the public, and that sending an abusive text message to one’s mobile phone does not constitute libel because it is not published and is not seen by the public.

“When you send me an abusive text, does it amount to libel? It cannot be self-defaming because the offence of libel is committed only when published for public consumption,” said the chief magistrate.

Mutinda was released on Sh10,000 bond. The case will be heard at a later date.

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