- Pastor Robert Burale sued his ex-wife, Rozina Mwakideu, accusing her of making disparaging comments that portrayed him as a failed man with no morals
- Rozina, in her response, refused to offer any apologies and reiterated that the alleged defamatory words were true and backed by evidence
- She shared emails and screenshots of text messages and receipts from past engagements to justify her position
Gospel singer Rozina Mwakideu has filed a detailed and explosive 36-page replying affidavit to a defamation suit filed by her former husband, Pastor Robert Burale.
Source: Facebook
In a tell-it-all response, Rozina asked the court to throw out Burale’s suit, terming it meritless, vexatious and baseless.
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She refused to offer any apologies and reiterated that the alleged defamatory words she said during an interview with her brother, Alex Mwakideu, on Alex Mwakideu TV, were true and backed by evidence.
“Having read Burale’s court papers, rewatched the interview, reflected on my words, prayed over the issue, and taken legal advice, I repeat that “my biggest mistake in life was marrying Robert Burale na si kwa ubaya” and that the “darkest period of my life was when I was with Robert Burale”. I also reiterate that I saw “a disturbing video” and witnessed “money issues” during the marriage,” she said.
These utterances by Rozina are part of the snippets that formed the basis of Burale’s defamatory suit, in which he is seeking KSh 20 million in damages.
He accused Rozina of making disparaging comments that portrayed him as a failed man with no morals, yet he was a respected cleric and chairman of the men’s conference.
“The 2nd defendant (Rozina)’s averments were detrimental to the plaintiff/applicant’s reputation as a pastor, a renowned cleric of national repute, a philanthropist of sterling character and the chairman of the national men’s congregate men of faith from across the Republic and the East Africa for mentorship, a moral guidance and community development and has changed/affected his reputation in the right-thinking members of the society,” read the suit in part.
However, in her defence, through lawyer Ochiel Dudley, the gospel singer chose to justify her allegations, relying on past emails and text messages she exchanged with Burale, in which she raised some of the issues discussed during the interview.
In documents seen by TUKO.co.ke, Rozina attached lengthy emails dating back to 2013, when she was still in a relationship with the preacher.
“Everything I said on the interview is the truth, the whole truth, and nothing but the truth. Everything I said is corroborated by lengthy emails exchanged over a decade ago between Burale and I,” she said.
What did Rozina and Burale exchange in the emails?
In one of the emails dated August 22, 2018, she asked Burale to desist from discussing their marital issues on social media every year, ostensibly to mark an anniversary milestone since their divorce. She warned that if he persisted, she would come out and tell her truth.
“I may have to respond one of these days. And you know me. I will tell the truth. ONLY THE TRUTH. Just TRUTH,” read the email in part.
Burale responded, taking issue with some of the things raised by Rozina, but wished her well, affirming that he was still the same person in the eyes of God.
Another email released by Rozina is dated December 12, 2013, in which she complained about several issues and eventually informed Burale that she was ready for divorce.
“I’m indeed counting my separation period so as to file for divorce. Still, I was hoping that you would realise there is nothing in this marriage, like there never has been and agree to the divorce to save on a lot of ugly confrontations. It’s a request, but you can choose what you want,” read the email.
Nine minutes later, the gospel singer sent another lengthy email, which contained some of the details she discussed during the interview with her brother Alex.
“I was always alone, fighting. Always trying and trusting and hoping, and praying.And what did I get in return? Pain, shame, heartache and abuse. I also did my wrong, and it was always to react to your actions. I was faithful and vigil,” read the email in part.
Burale responded to the concerns and asked Rozina to give him another chance to fix their marriage.
“I pray for you every day. Without fail. I really do. Thank you for forgiving me, and also do forgiving you. Rozinah, I will tell you this from the bottom of my heart that I genuinely do love you and always will. Maybe I had too many devils dealing. I have taken time to think and reflect a lot in this 5 months. I have reflected a lot. Where I went wrong..where I feel you went wrong and all..I would do sooo much differently soooo differently..I never thought I would be away from you,” read the response.
In subsequent correspondence, the singer rejected attempts to be courted back into marriage.
She informed the court that she had testified on record about Burale during their divorce case, and some of the things she said were part of that testimony.
The singer also submitted that she had five other women who were willing to testify in the matter in support of her defence.
“In solidarity, these women have come forward expressing their willingness to testify regarding their personal experiences of deceit and financial exploitation,” she added.
She attached screenshots of chats and receipts of money that was allegedly given to the complainant as a loan, but he failed to repay.
Did Burale make impossible orders in his petition?
Rozina continued to defend her utterances during the interview, saying it was a chance for an introspective reflection on her personal journey through a difficult marriage and her path to peace.
The defendant further stated that her comments were protected under Article 33(1)(a) of the Kenyan Constitution, which guarantees freedom of expression.
“My language and tone throughout the interview were restrained, respectful, and sincere. Any reasonable viewer would interpret my remarks as personal reflections on my lived experience, not as factual allegations impugning the Plaintiff’s moral or professional character,” she argued.
Burale asked the court to issue several orders, including compelling Mwakideu to pull down the interview, prohibiting all social media users from sharing or posting the content of the video, and stopping any interaction with the video.
Rozina’s advocate asked the court to dismiss the prayers, arguing that some were unrealistic and impractical to enforce even if granted.
“He further seeks an interim apology, a relief only available should he win on the merits – a herculean task. His request for the court to order me to “appeal to the public to avoid or to cease engaging with the content of the video” is equally an order in vain and one incapable of enforcement, even if granted. I beseech the court to dismiss Burale’s application,” argued lawyer Dudley.
On Tuesday, October 28, the court rejected Burale’s prayer to have the controversial interview pulled down and deleted from all social media platforms.
Milimani Commercial Chief Magistrate Thomas Nzyoki said there was no justification for that request, but ordered Rozina and his brother Alex to refrain from making any further publications related to the contested interview.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
