Pregnant wife caught having sex in hospital

By Lydia Etii Ajwang

Residents of Apac District are still speechless over an incident that happened at Apac Hospital. A pregnant woman who happens to be a wife to Alex Okuta has been caught red handed having sex with a 24 year old man in hospital.

The policemen were left speechless and finally preferred charges of public nuisance to both the pregnant wife and the unidentified man.

The hospital administration regreted the incident but also blamed it on the husband for not being by the his pregnant wife’s bedside in this trying moment since she had malaria.This is because his absence made her get tempted to get company from another man.

It should be remembered that police spokesman Mr.Enanga stated in one of his addresses that sleeping with someone’s wife is not a crime or something one can be arrested and imprisoned for. So that’s why they had to put the charge of public nuisance on the culprits since they were having sex in public space.

Public nuisance applies to both intentional acts and negligent conduct. The aim of this offence is to protect the health and safety of the general public. Who can lodge a complaint of public nuisance in court? No civil action can be brought by a private individual for public nuisance.

Only the state’s public officials always have standing to bring public nuisance actions in court.

Private individuals can only bring the public nuisance to the attention of the state officials. The local authorities/ public officials e.g. area local councils can then institute court proceedings to have that public nuisance addressed/ dealt with.

Private Nuisance

This is based on the premise that a person is allowed to use their property as they please but it must not be at the expense of their neighbour’s peaceful enjoyment of their property. One can only use their property within the acceptable limits of the law. If they violate this then they are in violation of their neighbour’s quiet enjoyment of land/ property and are committing a private nuisance.

A private nuisance is an injury to the use and enjoyment of particular land. It protects private rights and is also closely concerned with protection of the environment.

With a private nuisance, only one or a few property owners/ dwellers may be affected by an obnoxious smell, sound, light source etc., as opposed to an entire community. Therefore, if a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim under private nuisance.