Chapter 25

THEFT.

253. Things capable of being stolen.

(1) Every inanimate thing, which is the property of any person and which is movable, is capable of being stolen.

(2) Every inanimate thing which is the property of any person and which is capable of being made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it.

(3) Every tame animal, whether tame by nature or wild by nature and tamed, which is the property of any person, is capable of being stolen.

(4) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Uganda, which are the property of any person and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement.

(5) Animals wild by nature, of a kind which is ordinarily found in a condition of natural liberty in Uganda, which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time.

(6) An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank or other small enclosure, or is otherwise so placed that it cannot escape and that its owner can take possession of it at pleasure.

(7) Wild animals in the enjoyment of their natural liberty are not capable of being stolen, but their dead bodies are capable of being stolen.

(8) Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen.

254. Definition of theft.

(1) A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person other than the general or special owner thereof anything capable of being stolen, is said to steal that thing.

(2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if he or she does so with any of the following intents—

(a) an intent permanently to deprive the general or special owner of the thing of it;

(b) an intent to use the thing as a pledge or security;

(c) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;

(d) an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion;

(e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he or she may intend afterwards to repay the amount to the owner, and “special owner” includes any person who has any charge or lien upon the thing in question or any right arising from or dependent upon holding possession of the thing in question.

(3) A person shall be taken to use money at his or her own will for the purposes of subsection (2)(e), if that person deliberately or recklessly exceeds the limits of authority allowed to him or her, or deliberately or recklessly disregards any rules of procedure, prescribed by the owner in respect of the money.

(4) When a thing stolen is converted, it is immaterial— (a) whether it is taken for the purpose of conversion or whether it is at the time of the conversion in the possession of the person who converts it;

(b) that the person who converts the thing in question is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of it.

(5) When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner and believes on reasonable grounds that the owner cannot be discovered.

(6) A person shall not be deemed to take a thing unless he or she moves the thing or causes it to move.

(7) Without prejudice to the general effect of subsection (6), a person shall be taken to have moved money if that person moves or causes it to be moved from one account to another or otherwise out of the original account.

255. Special cases.

(1) When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him or her for the purpose of sale or otherwise for any sum of money not greater than the amount due to him or her from his or her principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him or her for or on account of his or her principal, such dealing with the goods or document of title is not deemed to be theft.

(2) When a servant, contrary to his or her master’s orders, takes from his or her possession any food in order that it may be given to an animal belonging to or in the possession of his or her master, that taking is not deemed to be theft.

256. Funds, etc. held under direction.

When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge or other disposition of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security or power of attorney was received until the direction has been complied with.

257. Funds, etc. received by agents for sale.

When a person receives, either alone or jointly with another person, any property from another on terms authorising or requiring him or her to sell it or otherwise dispose of it and requiring him or her to pay or account for the proceeds of the property or any part of such proceeds, or to deliver anything received in exchange for the property to the person from whom it is received, or some other person, then the proceeds of the property, and anything so received in exchange for it, are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him or her and the person to whom he or she is to pay them or account for them, and that the relation of debtor and creditor only shall exist between them in respect thereof.

258. Money received for another.

When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it.

259. Theft by persons having an interest in the thing stolen.

When any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to theft, it is immaterial that he or she has a special property or interest in that thing, or that he or she is the owner of the thing taken or converted subject to some special property or interest of some other person in it, or that he or she is lessee of the thing, or that he or she is one of two or more joint owners of the thing, or that he or she is a director or officer of a corporation or company or society who are the owners of it.

260. Husband and wife.

A person who, while a man and his wife are living together, procures either of them to deal with anything which is to his or her knowledge, the property of the other in a manner which would be theft if they were not married, is deemed to have stolen the thing and may be charged with theft.

General punishment for theft. Any person who steals anything capable of being stolen commits the felony called theft and is liable, unless owing to the circumstances of the theft or the nature of the thing stolen some other punishment is provided, to imprisonment not exceeding ten years.

262. Stealing wills.

If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years.

263. Stealing postal matter, etc.

If the thing stolen is postal matter or any chattel, money or valuable security contained in any postal matter, the offender is liable to imprisonment for ten years.

264. Stealing cattle.

If the thing stolen is a horse, mare, gelding, ass, mule, camel, bull, cow, ox, ram, ewe, wether, goat or pig, or the young of any such animal, the offender is liable on conviction for a first offence to imprisonment for seven years and for a subsequent offence to imprisonment for fifteen years.

265. Stealing vehicle.

If the thing stolen is a vehicle, the offender is liable to imprisonment for seven years.

266. Cattle rustling.

(1) Any person who—

(a) moves from a community where he or she is ordinarily resident to another community and steals or attempts to steal any cow, bull, ox, ram, ewe, wether, goat, pig, ass, mule, horse, mare, gelding or camel, or the young of any such animal from that other community and who at the time of, or immediately before, or immediately after the time of the stealing or attempted stealing, uses or threatens to use a deadly weapon or causes death or grievous harm to any person;

(b) organises the stealing of the animals mentioned in paragraph (a) of this subsection in the manner provided in that paragraph; or

(c) without lawful excuse or authority, the proof of which shall be on him or her, is found in possession of any of the animals mentioned in paragraph (a) of this subsection which is proved to have been stolen in the manner provided in that paragraph, commits an offence termed cattle rustling and is liable on conviction to imprisonment for life.

(2) In this section, “deadly weapon” has the meaning assigned to it under section 286.

267. Stealing from the person; stealing goods in transit, etc.

If a theft is committed in any of the following circumstances— (a) if the thing is stolen from the person of another;

(b) if the thing is stolen in a dwelling house, and its value exceeds one hundred shillings, or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling house;

(d) if the thing stolen is attached to or forms part of a railway;

(e) if the thing is stolen from a public office in which it is deposited or kept;

(f) if the offender, in order to commit the offence, opens any locked room, box or other receptacle by means of a key or other instrument, the offender is liable to imprisonment for seven years.

268. Embezzlement.

Any person who being— (a) an employee, servant or officer of the Government or public body;

(b) a director, officer or employee of a company or corporation;

(d) a member of an association or religious or other organisation, steals any chattel, money or valuable security—

(e) being the property of his or her employer, association, company, corporation, person or religious or other organisation;

(f) received or taken into possession by him or her for or on account of his or her employer, association, company, corporation, person or religious or other organisation; or

(g) to which he or she has access by virtue of his or her office, commits the offence of embezzlement and shall on conviction be sentenced to imprisonment for not less than three years and not more than fourteen years.

269. Causing financial loss.

(1) Any person employed by the Government, a bank, a credit institution, an insurance company or public body, who in the performance of his or her duties, does any act or omits to do any act knowing or having reason to believe that such act or omission will cause financial loss to the Government, bank, credit institution, insurance company, public body or customer of a bank or credit institution commits the offence of causing financial loss and is liable on conviction to a term of imprisonment of not less than three years and not more than fourteen years.

(2) In this section—

(a) “bank” and “credit institution” have the meanings assigned to them by the Financial Institutions Act;

(b) “insurance company” means an insurance company within the meaning of section 4 of the Insurance Act; and

270. Compensation.

Where a person is convicted under section 268 or 269 or where a convicted person is sentenced under section 271, the court shall, in addition to the punishment provided there, order such person to pay by way of compensation to the aggrieved party, such sum as in the opinion of the court is just, having regard to the loss suffered by the aggrieved party; and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act, and shall be executed in the manner provided under section 38 of that Act.

271. Stealing by agents, etc.

If the thing stolen is any of the following things— (a) property which has been received by the offender with a power of attorney for its disposition;

(b) property which has been entrusted to the offender either alone or jointly with any other person for him or her to retain in safe custody or to apply, pay or deliver it or any part of it or any proceeds of it for any purpose or to any person;

(c) property which has been received by the offender either alone or jointly with any other person for or on account of any other person;

(d) the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction;

(e) the whole or part of the proceeds arising from any disposition of any property which have been received by the offender by virtue of a power of attorney for such disposition, such power of attorney having been received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction, the offender is liable to imprisonment for fourteen years.

272. Stealing by tenants or lodgers.

If the thing stolen is a fixture or chattel let to the offender to be used by him or her with a house or lodging, and its value exceeds one hundred shillings, he or she is liable to imprisonment for seven years.

273. Stealing after previous conviction.

If the offender, before committing the theft, had been convicted of a theft punishable under any of sections 261 to 269, 271 and 272, he or she is liable to imprisonment for seven years.

274. Application of Director of Public Prosecution’s powers under

certain sections of the Prevention of Corruption Act. The powers of the Director of Public Prosecutions under sections 16 to 20 of the Prevention of Corruption Act shall, with the necessary modifications, apply to offences under sections 261, 268, 269 and 271 as they apply to offences under that Act, and the penalties prescribed in the applied sections shall apply accordingly.

275. Court to restrict disposal of assets or bank accounts of accused.

(1) Any court may, upon application by the Director of Public Prosecutions, issue an order placing such restrictions as appear to the court to be reasonable, on the operation of any bank account of the accused person or a person suspected of having committed an offence or any person associated with any such offence or on the disposal of any property of the accused person or the suspected person or a person associated with the offence or the suspected person for the purpose of ensuring the payment of compensation to any victim of the offence or otherwise for the purpose of preventing the dissipation of any monies or other properties derived from or related to the offence.

(2) For the purposes of this section, the restriction on the operation of any bank account or disposal of property shall not exceed the withdrawal of an amount or disposal of property of a value that will be required to compensate the victim of the offence.

(3) The order imposing the restrictions shall be reviewed by the court every six months if still in force.

(4) The order shall, unless earlier revoked, expire six months after the death of the person against whom it was made.

(5) The Director of Public Prosecutions shall ensure that any order issued by a court under subsection (1) is served on the banker, or accused person or suspected person and any other person to whom the order relates.

(6) Any person who knowingly fails to comply with an order issued under this section commits an offence and is liable on conviction to a fine not exceeding five million shillings or imprisonment not exceeding two years or both.

(7) This section applies only in relation to an offence to which sections 268 and 269 or 271 relate.

(8) After conviction of the accused person the court may direct that any funds standing to the credit of the convicted person and also any property established to the satisfaction of the court to belong to that person be applied in payment of any compensation awarded by the court under section 270; and in the case of property other than money, the court may order the sale of the property and the proceeds to be applied in payment of the compensation.

(9) Any monies remaining after the sale of any property and payment of compensation under subsection (8) shall be refunded to the convicted person.

(10) Any transfer of any property contrary to any restriction imposed under subsection (1) is void; and, in particular, the court may, by order, set aside any transaction aimed at defeating the purposes of subsection (8).

(11) Any person who obstructs the implementation of any order of a court under subsection (8) commits an offence and is liable on conviction to a fine not exceeding five million shillings or to imprisonment not exceeding five years or to both

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