Street mockers might want to watch their tongues after Joseph Njuguna an ordinary man has found himself with a case to answer in court for throwing shady comments at Leah due to her femininity and complementing her behind in a non flattery manner.
Njuguna 34, a trader in Nairobi Wakulima market is facing a case of creating disturbance by throwing a “butt insult” at Leah Njuguna on September 30 at Wakulima Market.
Police say Njuguna told Leah, “you have big buttocks” after Leah politely told him she lacked enough money to change his Sh 1,000 currency.
In addition the police suggest that Njuguna had over time, developed jealousy over Leah’s growing business. She sells women’s bracelets in Wakulima market.
Now awakened plus terrified Njuguna denied the charge and was granted a cash bail of Sh 10,000 as he awaits the hearing date set to be on January 25, 2019.
He has the option of making peace with the complainant before the said date for an out of court settlement.
According to the Kenyan Law site where legal information is public knowledge;
The offense of causing a disturbance
What is the actus reus for the offense of the offense of creating a disturbance in a manner likely to cause a breach of the peace?
Section 95(1) (a) of the Penal Code is the following terms:
“95. (1) Any person who –
(a) uses obscene, abusive or insulting language, to his employer or to any person placed in authority over him by his employer, in such a manner as is likely to cause a breach of the peace; or
(b) brawls or in any other manner that creates disturbance in such a manner is likely to cause a breach of peace.
is guilty of a misdemeanor and is liable to imprisonment for six months.”
However for Leah there must be a disturbance of peace meaning creation of violence, chaos or fighting. There must also be evidence of likelihood to breach the peace.
