Woman Jailed For Insulting Cops, Making Out With Lover In Thika Road Jam
Ndung'u went on to allegedly insult police officers and dared them to shoot her after she was caught in the compromising position.
Marvin Chege 
A 26-year-old woman was sentenced to six months in jail or an alternative fine of Ksh20,000 after she was caught by police officers making out with her lover inside a car in the middle of Thika Road traffic.
Appearing before the Makadara Law Courts on Thursday, January 24, Tabby Ndung’u was sentenced by Makadara Chief Magistrate Francis Kyambia after she pleaded guilty to charges of creating a disturbance and offensive conduct at the Thika Road Mall (TRM) Drive in Kasarani, Nairobi on January 24, 2023.
Ndung'u went on to allegedly insult police officers and dared them to shoot her after she was caught in the compromising position.
The businesswoman based in Kasarani admitted to creating a disturbance in a manner likely to have resulted in a breach of peace contrary to section 95 (1) (b) of the penal code after repeatedly shouting “shoot me” at two Administration Police Service officers along TRM Drive.
TRM Drive in Roysambu, Nairobi. /MARVIN CHEGE.VIRALTEAKE
She also pleaded guilty to offensive conduct contrary to section 94 (1) of the penal code after she insulted the officers with the intent to provoke a breach of peace.
The court was informed that the two officers were on patrol when they found a motorist who had stopped in the middle of a road, obstructing other motorists. Upon approaching the car, they found the couple, Ndung'u and a man seated on the driver's seat kissing passionately, and ordered them to drive off to ease the snarl-up.
However, this annoyed Ndung'u who stepped out of the car and started insulting the officers who are attached to the Critical Infrastructure Protection Unit (CIPU), established to safeguard electricity, banks, government buildings and installations, water points and cash in transit.
The two male officers were thus unable to arrest her as they did not have a female colleague in tow and reported the matter at Kasarani Police Station.
Other female officers were deployed from the station to the scene and eventually arrested her.
According to Section 53 of the Traffic Act: "Any person who leaves any vehicle on a road in such a position or manner or in such a condition as to cause or to be likely to cause any danger to any person shall be guilty of an offence and liable (a) for a first conviction, to a fine not exceeding Ksh50,000 or to imprisonment for a term not exceeding one year."
Section 95 of the Penal Code indicates that, "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; is guilty of a misdemeanour and is liable to imprisonment for six months."
Kenya's society and culture frown upon public displays of affection. Etiquette, thus, dictates that people should not touch or kiss in public.
A public display of affection refers to the physical demonstration of romantic feelings for another person while in the view of others. Holding hands and kissing in public are examples of such displays.
Any action of intimacy that goes beyond this can only be referred to as indecent exposure. The law also prohibits indecent exposure which is the exposure of one’s private parts in public, an offence which worsens when done in the presence of children.
As stipulated in the Sexual Offences Act, such an offence can earn one a jail term of up to five years.
A couple cuddling outside a car. /NATIONAL TODAY
