The Inspector General of Police, Martin Ochola, has directed police officers to stop arresting prostitutes and gamblers following last week’s constitutional court nullification of the penal code offence of rogue and vagabond.
Ochola, through police force Spokesperson, Fred Enanga, said his leadership has acknowledged the Constitutional Court ruling that repealed and decriminalized the petty offence of rogues and vagabonds, from the penal code Act.
This was after five Justices found the offence of rogue and vagabond to be vague, archaic, and unconstitutional. The IGP has for that reason ordered all police officers to fully comply with the ruling, and stop any arrests for the minor infractions of rogues and vagabonds.
Based on the ruling, Ochola has reminded police officers about the behaviors that are no longer punishable by law among others idle and disorderly where any person like 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 and plays any game of chance for money or money’s worth in any public place.
“The take away from the constitutional 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,” Ochola said.
Ochola further explained that the scrapped cases will also help us free up resources to address other serious crimes. “Therefore, any police officer, who will be found dealing in rogue and vagabonds, will face immediate disciplinary action for disobedience of lawful orders. In addition, all local leaders and the community, should also comply with the ruling and desist from acts of vigilantism and mob justice.”
The Constitutional Court delivered the ruling following a petition of Francis Tumwesige Ateenyi v Attorney General, Constitutional Petition No. 36 of 2018. Tumwesige lodged the petition was filed in 2018 and his legal redress was supported by Human Rights Awareness and Promotion Foruma- HRAPF arguing that the offence was blaming victims of poverty and no status.