Kenyan Lawyer Explains Why Sharing Tender Moments with Lover in Public Can Lead to Imprisonment
- A boda boda rider went viral after a video showed him pausing his work to share a romantic roadside moment with his lover
- While many praised his public display of affection, legal expert Maroa Rioba warned that such acts could lead to arrest and prosecution under Kenyan law
- The advocate of the high court explained to TUKO that Kenya’s Penal Code, particularly Sections 182 and 184, criminalises indecent exposure and disorderly conduct in public spaces
A few days ago, a video of a boda boda rider abandoning his hustle to enjoy some tender moments with his lover by the roadside went viral on social media.
Source: UGC
Though many praised him for prioritising his love life over his job, his act could have easily landed him in jail, as explained by a Kenyan advocate.
Speaking to TUKO.co.ke, Maroa Rioba, an advocate of the High Court, explained that Kenyan law prohibits explicit behaviour in public and one can be imprisoned for contravening this law.
"In Kenya, there's no single law that deals with public indecency. Instead, it's covered under different laws, mostly in the Penal Code (Cap 63). These laws help maintain public decency, morals, and order, which are important in our society and legal system," he said.
According to him, the Penal Code criminalises acts considered offensive to public morality, including being unclothed in public and sexual activity in public spaces.
The most relevant provisions include Section 184, which addresses indecent acts and exposure.
The section states: “Any person who wilfully and indecently exposes his person in any public place, or any place given to the public, is guilty of a misdemeanour.”
"This provision forms the core legal basis against public bareness or sexual exposure. It is deliberately broad to cover a range of conduct, including being unclothed fully or partially or explicit behaviour in public or visible areas," he explained.
Similarly, Section 182 of the Penal Code captures anyone who behaves “in a disorderly manner” in public places. He said public sexual acts may be prosecuted under this section, especially where they cause discomfort, disorder, or attract attention.
Rioba also said the Children Act (2022) protects children from this kind of indecent exposure, and the perpetrator may get harsher punishments if children witness their acts.
This is because Section 131 of the Act states that a person shall not expose a child to obscene materials or behaviour that is likely to impair the child’s moral or psychological development.
"This can include witnessing acts of public indecency, and violators face criminal penalties, including imprisonment," he explained.
Kenya's cultural and constitutional context
Maroa said that Kenya’s view on public indecency is shaped by both cultural and constitutional values.
Article 11 of the 2010 Constitution recognises culture as the foundation of the nation and emphasises the importance of morality, dignity, and public order.
"So, when someone appears bare in public, it’s not just seen as breaking the law, it’s also considered disrespectful to our shared cultural and moral values," he explained.
How are these laws enforced?
The advocate said that the Kenyan police often rely on Section 182 or 184 of the Penal Code to arrest people found engaging in sexual activity or being unclothed in public, even in parked cars in quiet places.
"Sometimes, these cases end with just a warning or a fine, but if there are children involved, intoxication, or complaints from the public, the matter can lead to prosecution," he said.
"So yes, Kenyan law treats public bareness and exposure as crimes under various legal provisions that aim to protect public morality and order. Anyone caught having relations or exposing themselves in public can be arrested and even taken to court. This legal stance not only follows written laws but also reflects our cultural values of decency and respect for shared spaces," he concluded.
Lawyer offers to help Nakuru teen boy
In other news, a lawyer recently offered to represent the Nakuru teen boy who is accused of killing his mother.
The lawyer poked holes into the story, saying he would get to the bottom of the matter and find out who killed the boy's mother.
The boy is alleged to have killed his mother after she declined to disclose the identity of his father.
Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
