KAMPALA -The Inspector General of Police – IGP, Martin Okoth Ochola has directed various units within the force to, immediately cease acts of arresting sex workers and gamblers, three days after the Constitutional Court nullified the offence of rogue and vagabond in the Penal Code Act – PCA.
Police Spokesperson – Fred Enanga told a weekly press briefing at Naguru – the seat of the Force’s headquarters, on Monday that Ochola had warned that any police officer who arrests a person on offences related to rogue and vagabonding, which crimes are broken down to idle and disorderly; gambling; and or prostitution should be prepared to face a disciplinary court.
Last week, five justices of the Constitutional Court ruled that the offence of rogue and vagabond was outdated, archaic, and unconstitutional. They also noted that it infringes on the freedom of movement.
The five-member panel of the constitution court justices comprising Fredrick Egonda-Ntende, Elizabeth Musoke, Christopher Madrama, Monica Mugenyi, and Christopher Gashirabake emphasised that rogue and vagabond offences contravenes Article 43 of the Constitution of Uganda, which is the supreme law of the land.
“It is hereby held that sections 168(1) (c) and 168(1) d) of the Penal Code Act are void for inconsistency with the constitution,” part of the ruling read. Police have on many occasions been accused of arresting people without clear offenses and often end up charging them with the offense of rogue and vagabond, which included being idle and disorderly.
Najib Kasule -a member of public interest advocates, was happy that police would start arresting people for serious crimes, instead of apprehending them based on their appearance like wearing torn clothes or having dreadlocks.
“Police used to bundle people on suspicious appearance. You have dreadlocks, and torn clothes, and they arrest you. But because this escape is no longer there, they will stop those malicious arrests. They will start arresting people for serious crimes,” said Kasule.
The constitutional court ruling emanates from the case of Francis Tumwesige Ateenyi v Attorney General, Constitutional Petition No. 36 of 2018. Tumwesige filed the case in 2018 and was supported by Human Rights Awareness and Promotion Forum – HRAPF insisting that rogue and vagabonds decriminalize poverty and status.
HRAPF over the years argued that rogues and vagabonds were routinely being based on by security forces to apprehend and persecute the poor and marginalised people for instance street vendors, sexual minorities, and sex workers.
Additional reporting by URN
