Its 10 o clock at night. My phone rings. The caller ID is familiar. I have been asked to go and mediate on a guys “Cheating” spree between Girl X and Guy Y. I have been later accused of being guy Y’s Lawyer. Instead of mediator! As such, I have been kicked out of the mediation and the chille has raided my offices and raruad my practicing certificate. Good thing she didn’t forget and throw the baby out as well. It was necessary as a matter of political compromise, I supposed.
I later came into the proceedings fully fledged as counsel for the accused, guy Y. “Lets now see what she will do.”
This is how it proceeded:
If it should please you, my Lady… This should please you my Lady. It must please you…My name is F.D. Otillio and in this matter, I appear for the accused.
My client pleads he didn’t cheat. It was mere texting. (Please not the (it) in this previous proposition.)
My Lady, these are circumstances where the complainant (the chic) needs to be cross-examined.
“Did you see him cheat?
So he didn’t cheat. Why are you jumping into conclusions bwana? If he looks you in the eye and says he didn’t cheat, he didn’t cheat. Did he?
You, why were you going through his phone?
So you don’t trust him? That’s why you went through his phone?
He was not paying attention to you so you went through his phone? Maybe it was work. Or his sister. Do you think that was reason enough to go through his phone?
You still went through his phone? You don’t think that was not called for?
Has he ever gone through your phone? Yes? No?
No?
Then why did you find it proper to go through his? It’s not like you stumbled upon the phone and saw the text coming in, did you? You sat down. You thought about it. You picked up his phone. Went straight to messages and started reading his otherwise private and personal messages, didn’t you?
Is the phone yours? Did you buy it together? Did you agree that the both of you would be sharing his phone? No? So the phone is his personal property, yes?
You do understand the meaning of personal, don’t you?
Do you have your own phone? Yes?
So what were you looking for in someone else’s phone? Ice-cream? His MPESA pin? ….
… and silence means?
So you were looking for his MPESA pin, yes?
What were you looking for?
You just wanted to see? See what? Pictures? Videos? What?
Did you ask him for permission? No you didn’t!
Have you ever heard the saying, “when you look for something you will find it? …knock and it shall be open to you. Seek and you shall find?
So what were you looking for?
Have you found it? What you were looking for?
So why are you complaining? Why are we here? Wasting the Tribunals time??
Oooooh! So he has cheated?
Did you see him cheating? Did you find him cheating? Has anyone told you that he was cheating? Do they have evidence? Can they show us?
Then? Why do you think he was cheating?
You haven’t said he was cheating. So he wasn’t cheating. What do you call what he was doing?
Flirting!
Okay. You got me there.
Flirting is wrong only if it leads to something.
Has it led to anything? Has he told you that it has led to anything?
Do you trust him?
…then?
My client may admit that he was flirting with several other chics on his phone. He may further admit that you were never meant to see those texts but you did. But you also have to concede that you wee wrong.The two wrongs therefore cancel themselves out!
My Lady, I have an application to make.
I ask for leniency and pray to make submissions on the following grounds:
Sometimes “flirting” shakes things up enough to make the couple declare that it is a committed and monogamous relationship. Sometimes guys “flirt” because the sex is inadequate or unfulfilling. Sometimes it happens because someone isn’t interested in sex, has low libido, etc, etc. In relationships where sex is healthy and ongoing and there are no sexually-based tension, “flirting” is out of the question. Although disastrous and a cannonball through the mid-ship of a relationship, this is a benign form of “flirting”. It’s a sign of stupidity, not thinking of the consequences, moral sloppiness. It was thoughtless “flirting”, moral bad behaviour. It was just for the sake of fun. Everyones fun. They were not intimate. Intimacy is the glue of a primary relationship. He was not morally, intimately or otherwise, involved in this thing, My Lady. If he was, it would have been an affair. It wasn’t. This, you can recover. He is a man filthy with charm, sawa. But NO! He has not betrayed you, sexually as well as emotionally and on an intimate level. Not so yet, as you may think.
It hurts. He understands. You are innocent. It endangered the relationship. He loves you.
He is willing to completely divest himself from the “flirting”. He is willing to undergo limitless questions while you grapple to make sense of it all. He admits he was wrong. He is empathetic and he is willing to learn the true meaning of commitment. At least he knows how to be a man.
You should, and indeed, you must show some leniency toward him, my Lady!
…but if her ladyship is of a mind to reject this application upon the grounds so propounded, then, without prejudice for the above, my client pleads NOT GUILTY and puts it to you, to strictly prove all these allegations with respect, you level against him. My Lady.
My client further begs to raise the defence of mistake, and as such, wishes to state that as a matter of fact, he is not the one who jotted down those flirtatious texts. He further wishes to counter-complain that you violated his privacy and personal space and that you are not at the least, trusting.
With your kind permission, if I may elaborate further, My Lady,
…my client shares mutual friends with his best friend, one MR; which mutual friends are all saved in my client’s phone book as Betty, Ruth and so on and so forth. etc.
Now, what happened is that my client’s best friend’s phone went off while he was chatting these chics up. His best friend then thought to use my client’s phone to text with these chics as he gave his (my clients best friend’s) phone an opportunity to charge.
My client’s best friend is single. He is allowed to flirt with as many unsuspecting chics as he likes.
What I am perfectly properly therefore saying my Lady is, that the flirtatious texts sent from my clients phone to other chics, and purported as well as it has been alleged, to have been sent by my Client, are in fact not his texts since they were not by his hand, but by his best friends hand.
My client has three best friends.
That will be all, my Lady.