Identity Magazine

Identity § They suspect of having committed a serious offence; § They suspect of having committed a serious offence; § They suspect has run way from the armed forces; § They suspect has stolen property; and § Has a warrant of arrest issued against him or her Despite these conditions you can be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

Q: I have been harassed by some certain youths in our neighborhoods who have called me names like 'lesbian' 'shoga' and many others. My girlfriend has also been insulted and hissed at when she passes them. This has been going on for long. Can we report them to the chief? DO we have a case? What about repercussions? Janet, Langata Dear Janet, these are criminal elements building tension against you and your partner. This must be stopped with a report to the police and asserting yourself that you are an equal member of this neighborhood an has the right to live there and anywhere you wish in the country. Unless this is immediately stopped, the ‘calls’, ‘hisses’ and the like will continue and eventually lead to physical attacks against you and or your girlfriend or both of you. There is no crime for being ‘lesbian’ or for being ‘shoga’ or even for being ‘heterosexual’.

Worried about repercussions? Yes, unless you report to the police to stop this menace, there will be negative repercussions against you. Once you report there will be repercussions against these criminals.

Any person who in a public place or at a public gathering uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned is guilty of an offence and is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both.

You need to note carefully what words are being used against and your girlfriend as these will form the basis of your report to the police. You also need to identify the specific individuals who are uttering these words as identification will be important during the hearing. The repercussions for this is that people in your neighbourhood will learn to respect other peoples’ rights, leave you in peace.

"If we know, then we must fight for your life as Note: During the trial, you will be the complainant, helping the police sustain a case against the accused and therefore a statement from you will be recorded detailing how the identified individuals have been though it were our own— using abusing/offensive/provocative words against you and your girlfriend which has caused your an- which it is—and render guish. If the offences continue, you can also institute a civil case seeking a permanent injunction against impassable with our these people to never come near you, utter offensive words or do anything else that may injure you or bodies the corridor to the your character.

Any person who uses obscene, abusive or insulting language, in such a manner as is likely to cause a gas chamber. For, if they breach of the peace; or brawls or in any other manner creates a disturbance in such a manner as is likely to take you in the morning, cause a breach of the peace, is guilty of a crime and is liable to imprisonment for six months. Also anyone they will be coming for us who with intent to intimidate or annoy any person, threatens to break or injure a dwelling-house is guilty that night". Open letter of a crime and is liable to imprisonment for three years, or, if the offence is committed in the night, to from James Baldwin to imprisonment for four years.

Angela Davis.

Q: Me and my two other gay friends were arrested by police the other night when we were leaving a party. We were all high from drinking and one of my friends was acting very feminine. Is there a law against walking at night that we do not know of? Is it illegal to be out that late? They took us to the police station and wrote in the OB that we were drunk and disorderly and that we were loitering. We parted with 3,000 in order to be released. Can we report this corruption and bribing to KACC? Peter, Mombasa Dear Peter, two illegalities here, wrongful arrest and also bribery. As much as you were wronged by the police for arresting you without justification, you should desist from bribing them. Even though KACC may be invited to investigate, you need to play your part by not bribing the police and le the law takes its own course. It is not an offence to act feminine or to be late out into the night.

However Section 182 of the Penal Code is commonly used on persons out late in the night who appear to have ‘no specific purpose’ as this section give wide powers to the police and in most cases the city council by-laws allow their security agents to arrest such persons. To avoid these amorphous sections and powers of these officers being applied against you, avoid being alone and in secluded places as in such circumstances evidence of third parties will be important to explain as to why you were out late.

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