On Friday last week, five justices of the Constitutional Court issued a judgement nullifying sections 168(1)(C and D) of the penal code act that enforced arrest of suspects on Rogues, vagabond and other petty offences.
The court scrapped the offences on grounds that they are vague and infringe on the rights of Ugandans to free movement and presumption of innocence until proven guilty.
The justices agreed with the petitioners from the Human Rights Awareness and Promotion Forum that there is no further justification for the Attorney General to keep the law.
Following this judgement, police chief Martins Okoth Ochola has directed with immediate effect that all police officers fully comply and stop any arrests for petty crime.
Fred Enanga , the Uganda Police Spokesperson listed crimes that will hence forth not be punishable under the stated offences.
He stated that this will apply to any persons found wandering in private or public spaces, suspected or reputed thieves with no visible substance, people being idle and disorderly, playing games for monetary gain or money worth in a public place.
“Being a prostitute, or behaving in a disorderly or indecent manner in any public place. Wanders or places himself or herself in any public place to beg or gather alms, or causes or procures or encourages any child to do so. Publicly conducts himself or her self in a manner likely to cause a breach of peace.” He said
Enanga says among other offences that will not be charged on the public include; someone moving without lawful excuse, Person convicted of an offence of idle and disorderly after having been previously convicted as an idle and disorderly person.among others
He explains that any police officer, who will be found dealing in vogue and vagabonds will face immediate disciplinary action for disobedience of lawful orders.
Enanga has also tasked local leaders and the community to comply with the ruling.
He has however clarified that despite some acts being subject to no arrest, other offences under the penal code act remain punishable.
Enanga says sections 160 a (1)and (2) of the act that target being a common nuisance remain punishable.
These include;
1. Any person who does not act not authorized by law or omits to discharge a legal duty and thereby causes any common injury or danger or annoyance, or obstructs or causes inconvenience to the public commits the misdemeanor termed a common nuisance and is liable to imprisonment for one year.
2. It is immaterial that the act or omission complained is convenient to a large number of the public than it inconveniences but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.
Sec 300 Persons found etc with intent to commit felony.
1. Any person who is found-
a. Armed with any dangerous or offensive weapon or instrument, and being so armed, with intent to break or enter any building, structure or curtilage and to commit a felony in it;
b. Having in his or her possession without lawful excuse the proof of which lies on him or her, any house breaking instrument;
c. Having him or her face masked or otherwise disguised, with intent to commit a felony,
d. In any building structure or curtilage by night with intent to commit a felony in it.
e. In any building structure or curtilage by day with intent to commit a felony in it and having taken precautions to conceal his or presence.
f. By night wandering or moving about by whatever means and being armed with a dangerous or offensive weapon without lawful excuse, the proof of which lies on him or her, commits an offence and is liable on conviction to imprisonment for 7 years.
2) Where a person has been previously convicted of a felony relating to property is convicted of an offence under this section, her or she is liable on conviction to imprisonment for 10 years.
301. Persons found loitering, etc with intent
1) Where three or more persons are found loitering, wandering, moving about or concealing themselves, while any of them is armed with an article to which this section applies, with the intention of committing an offence against the person, every such person commits a felony and is liable to imprisonment for seven years.
2) In a prosecution for an offence under this section, proof that the accused was so found and so armed shall be sufficient evidence that the accused had an intention to commit an offence relating to property or an offence against the person unless the accused gives an explanation of his or her conduct, which salsifies the count that he or she had no such intention.
3) This section applies to a dangerous or offensive weapon, an imitation firearm or a house breaking instrument
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