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Midnight call to another woman earns man more time in custody

A 35-year-old man accused of assaulting  his wife after he was caught talking on phone with another woman at midnight will spend another seven days in custody.

The suspect, Augustine Nyaga, who has been in custody since December last year, is not about to be free after his wife, Drusilla Wanjala  Mwanjala refused to bail him out.

The suspect had been handed a Sh100, 000 bond with one surety of a similar amount.

Appearing before Wundanyi Senior Principal Magistrate Nicholus Njagi, the suspect lamented that his wife has not made efforts to bail him out since he was arrested last.

“I live with my wife but she has not been following my case, I don’t know where she is,” he told the court.


Explaining what transpired on the night of December 24, 2016, the suspect said that he had received a call from a strange number while they were asleep.

He said that upon receiving the call, his wife pounced on him and snatched the phone from him and checked details of the caller.

“She realized it was a woman who had phoned me, she immediately picked up a quarrel with me, but I did not assault her,” he told the court.

The man defended himself saying the number that had called his was a strange number and that he did not know the caller.

When asked by the magistrate why he was fighting with the woman if indeed he had no affairs with the caller, he said “it is my wife who started fighting with me”.


While issuing detention orders, the magistrate warned the suspect against engaging in physical fight with women.

“Violence against women is highly prohibited and unacceptable, you should have resorted to other peaceful conflict resolution mechanisms,” the magistrate said.

According to the charge sheet, the suspect is accused of assaulting his wife and causing her serious bodily harm.

The suspect is said to have turned violent when the woman confronted him to explain who was calling at such odd hours of the night.

The court heard that Mr Nyaga unlawfully and willfully assaulted Mrs Mwanjala causing her serious bodily harm.

The suspect denied the offence he allegedly committed on the eve of Christmas at Laminyi village,Taita Taveta county.

The case will be heard on May 10.