Andrew Kayemba, widely known as “Dog Makona,” a hawker in Bwaise, was arrested on June 3rd while traveling to Owino Market to sell plastic bags. Along the way, three police officers intercepted him, demanding money. When Kayemba explained he had none, he was struck and subsequently arrested. He now faces charges under an archaic law: being a “rogue and vagabond,” a statute originating from colonial Britain in the 19th century and adopted in Uganda during the 1930s.
Kayemba and many others in his class are still fighting for their rights in jail for doing nothing. In Uganda, the term “petty offenses” often evokes images of minor infractions such as loitering, begging, or being “idle and disorderly.” While these may seem insignificant on paper, their enforcement has had a profound impact on the lives of marginalized individuals, trapping hundreds of poor Ugandans in a cycle of incarceration and poverty.
Petty offenses in Uganda trace their roots back to colonial-era laws. During British rule, vagrancy and similar statutes were introduced to control the labor supply and restrict the movement of local populations.
According to Edward Ssemambo Muteekanga Programme Director, Centre on Law and Marginalisation Human Rights Awareness and Promotion Forum (HRAPF), these laws, such as those penalizing “idle and disorderly” behavior, were designed to ensure the availability of cheap labor while suppressing activities deemed undesirable by colonial authorities. Despite Uganda’s independence, these archaic laws have remained embedded in the Penal Code, perpetuating inequality and social marginalization.
Broad and Vague Definitions
The Penal Code provisions governing petty offenses, such as Sections 150 (Idle and Disorderly) and 151 (Rogue and Vagabond), are notorious for their ambiguity. For instance, anyone deemed begging, playing games of chance, or loitering in public places can be arrested. These vague definitions empower law enforcement to exercise discretion, often targeting individuals based on appearance or social status. In practice, this has disproportionately affected the poor, sex workers, street vendors, and drug users.
“This is clear that only poor and vulnerable people will be targeted, based on their appearance, how do you tell that someone is playing a game of chance by merely looking at him? The unfortunate thing is that our law enforcers have used these laws to violate the rights of these vulnerable people because they are poor,” he said.
A 2016 study by the Human Rights Awareness and Promotion Forum (HRAPF) revealed that arrests for petty offenses primarily target marginalized groups. Many individuals are subjected to mass arrests during police “swoops,” leading to extortion and prolonged detention without trial. Most of those charged plead guilty to avoid prolonged remand, further entrenching their criminal records and limiting future opportunities.
The enforcement of these laws has led to numerous human rights violations, including the infringement of liberty and the subjection of individuals to inhumane treatment. Poor Ugandans, unable to pay bribes or legal fees, remain in detention for months, exacerbating their vulnerability and stigmatization.
Recognizing the inherent injustice in these laws, the Centre on Law and Marginalisation and other advocates challenged their constitutionality in the case of Francis Tumwesige Ateenyi vs. Attorney General. Filed in 2018, the petition argued that these provisions violated constitutional guarantees of liberty, equality, and the presumption of innocence. The Constitutional Court ultimately declared sections of the law vague and unconstitutional, marking a significant victory for human rights advocates.
Despite the court’s ruling, significant challenges remain. Not all provisions of the “idle and disorderly” laws were nullified, and law enforcement practices continue to reflect deep-seated biases. Counsel Ssemambo urged the government must repeal remaining colonial-era laws and adopt reforms that address the root causes of poverty and marginalization.
“For lasting change, Ugandans must shift their mindset, recognizing that criminalizing poverty only deepens inequality. Laws should protect, not punish, society’s most vulnerable. Parliament, law enforcement, and civil society must work together to dismantle the culture of impunity and discrimination perpetuated by these outdated statutes,” he said.
Imposed decades ago by British, French, and Portuguese colonists, and retained by current African governments long after being repealed in their countries of origin, these laws continue to make the lives of Africa’s most marginalized more hazardous. Many of these laws against loitering, being “a rogue and a vagabond,” having no “ostensible means of assistance,” or being “idle and disorderly” carry prison terms, and are still in place not only in Uganda but are also in Mauritius, Nigeria, Gambia, Zambia, Botswana, Seychelles, Ghana, Tanzania, and Sierra Leone.
“We need everyone to understand the true purpose of these laws in order to dispel the assertion that they are necessary for public safety. The court has led the way and clarified the constitutional position; the executive and the legislature should now do what is expected of them, which is to strip the penal code of similar colonial relics and protect the poor from violence, discrimination, and marginalization,” said Semambo.
“Vagrancy laws are a relic of Africa’s colonial past that, unfortunately, have been maintained and applied by post-colonial African governments’, says human rights lawyer Nicholas Opiyo. “The sum effect of the laws targets the poor and vulnerable. They are predominantly used against poor people by a system that has made them poor in the first place. We should not criminalize poverty, sex work, different sexual orientation, and gender identity.”
At present, the penal codes of 18 African countries, including Algeria, Madagascar, Morocco, and Senegal, still contain an offense of ‘vagabondage’. Many of these countries define a ‘vagrant’ as any person who doesn’t have a fixed abode or a means of subsistence, and who doesn’t practice a trade or profession.
Activities categorized under vagrancy-related offenses often include loitering, public indecency, solicitation, and begging. Given the prevalence of poverty and unemployment, many youths engage in petty trade, such as hawking, to survive. Labeling them as vagrants is both patronizing and demeaning.
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