Behaviors that are no longer punishable by law in Uganda

The police leadership in Uganda has listed a number of behaviors they say are no longer punishable by law following the country’s Constitutional Court ruling that repealed and decriminalized some of what enforcement officers had categorized as petty offences.
 Key among the petty felonies repealed from the country’s Penal Code Act, is the charge of Rogues and Vagabonds after the court early this month found it to be vague, archaic and unconstitutional.
 “All police officers have with immediate effect been tasked to fully comply with the ruling, and stop any arrests for the minor infractions of Rogues and Vagabonds,” said the Force’s spokesperson, Mr Fred Enanga.
 
Police said the behaviors that are no longer punishable by law also include idle and disorderly where any person being a prostitute, behaves 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. 
Still under the repealed idle and disorderly law, no one will be arrested or punished for playing any game of chance for money or money’s worth in any public place, publicly conducting oneself in a manner likely to cause a breach of peace, loitering in any public place or soliciting for immoral purposes, wandering about and endeavors by the exposure of wounds or deformation, to obtain or gather alms.

Initially, one would be charged with being a rogue and vagabond if that the person was found going about as a gatherer or collector of alms, or endeavoring to procure charitable contributions of any nature or kind, under any false or fraudulent pretense.
Suspected person or reputed thief, who has no visible means of substance and cannot give a good account of himself or herself would be arrested and charged with being a rogue and vagabond.
If a person is found wandering in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose, shall no longer be arrested or punished, for being rogue and vagabond, according to court and police.

“The take away from the Constitutional Court ruling is that the public should expect the police to move away from these low-level disorders that allegedly criminalize poor people and persons of low status, and spend a considerable amount of time to look into other serious and violent crimes. The scrapped cases will also help us free up resources to address other serious crimes,” Commissioner of Police (CP) Enanga told journalists early this month shortly after the court ruling that followed a 2018 court petition filed by one Francis Tumwesige Ateenyi, a human rights activist.
Therefore, any police officer, who will be found dealing in rogue and vagabonds, will face immediate disciplinary action for disobedience of lawful orders, according to Mr Enanga.
 
“In addition, all local leaders and the community, should also comply with the ruling and desist from acts of vigilantism and mob justice,” he said.
However, low-level disorders that are still punishable by law include common nuisance contrary to section 160 a (1) and (2) of the Penal Code Act. 
Any person who does an 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 in the exercise of common rights, commits the misdemeanors termed a common nuisance and is liable to imprisonment for one year.
Persons found with intent to commit felony will be arrested and charged under Section 300 of the Penal Code Act.

“Any person who is found 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; having in his or her possession without lawful excuse, the proof of which lies on him or her, any house breaking instrument; having his or her face masked or otherwise disguised, with intent to commit a felony; in any building, structure or curtilage by night with intent to commit a felony in it; found 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,” he said.
Additionally, you’re liable to the offence if found at night wandering or moving about by whatever means and being armed with a dangerous or offensive weapon without lawful excuse.

Such an offence attracts a sentence of seven years in prison.
“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,” Mr Enanga said.

In a prosecution for an offence under this section, proof that the accused was 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.