When Mama Joana went to visit her in-laws in the village over Christmas, she was given a hen to return to Kampala with. This hen made her very happy because it meant she had been acknowledged by her inlaws as their own. So, Mama Joana decided not to eat it until New Year's.
She even painted its feathers to make sure no thief would steal it. On New Year’s Eve, mama Joana went shopping and overstayed in town. On getting home, Joana her daughter started asking for forgiveness because she had failed to stop the neighbour’s dog Simba from eating their hen.
That very night, mama Joana marched to Kasumba’s home to demand for compensation, but Kasumba refused to pay for the actions of his dog Simba because it was not, he who ate the hen. He told them to arrest Simba who benefited from eating the hen.
Mama Joan is so frustrated that she is wondering if an animal can be arrested and punished.
WHAT DOES THE LAW SAY?
Under the law, only a person (human being) can commit a criminal offence and getting arrested for it. This does not mean that animals cannot do anything wrong, but they cannot be held responsible for this. This is because animals are property according to the law, even when they are pets.
According to the law, it is the owner of an animal who is responsible for looking after it and making sure that it does not cause any harm to any people or their property. For example, if a dog bites a person, that dog cannot pay a fine or hospital bills, it is the owner of the dog who will have to pay this bill and be held accountable.
On the other hand, when it comes to animals that have no owners such as stray dogs, it is the duty of the municipality leadership to make sure they are treated and do not cause harm to people or destroy their property.
This applies to wild animals which are under the Uganda Wildlife Authority, so they have the duty to make sure that the animals are safe as well And ensure that they do not harm people or property.
Therefore, in this case, Kasumba must pay Joan for her hen which his dog Simba ate. This is because he is the owner of the dog and, therefore responsible for it.
Source: BarefootLawyers
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