A man’s attempt to divorce his wife hit a snag when a Milimani Court ruled that the evidence he presented had been procured unconstitutionally.
The man had presented 68 pieces of evidence as proof of his wife’s infidelity. They included WhatsApp messages, photographs, and audio recordings taken clandestinely by a private investigator. There were also several rolls of CCTV footage.
Of the 68, the wife argued that 45 pieces were obtained in a manner that violated her privacy and were thus inadmissible in court.
Judge Anthony Mrima agreed. “There’s a great danger in the administration of justice if the manner of gathering evidence will not be confined to within the constitution and the law,” he said.
The plaintiff had filed for divorce on the grounds of cruelty and adultery. The court heard that he had hired a private investigator who collected evidence of his wife’s affairs. He had also installed CCTV cameras in their son’s room where she had moved to. The court heard that the man had also installed a voice recorder in his wife’s car which captured private conversations.
According to the law, evidence obtained in a manner that violates any right or fundamentals in the Bill of Rights shall be excluded if the admission of that evidence would render the trial unfair, or would be detrimental to the administration of justice under (Article 50 (4) of the Constitution of Kenya)
Every person has a right to privacy which includes a right not to have information relating to their family or private affairs.
In this case, which is continuing, the plaintiff is also seeking full custody of their two children.