Dog terrorising neighbourhood

My neighbour owns 3 very aggressive dogs which he proudly refers to as his security officers. Every evening, he releases them into his compound, but his fence has several openings through which the dogs occasionally escape. Last week, one of them chased me while I was jogging, forcing me to climb a nearby tree. My neighbour found the incident hilarious and says that since the dogs have not bitten anyone, he has committed no offence. Must I wait until somebody is bitten before taking legal action?

KM, Arusha

Your neighbour may consider his dogs excellent security officers, but the law expects him to exercise proper control over them. Section 233(d) of the Penal Code provides that a person who, in a manner so rash or negligent as to endanger human life or be likely to cause harm to another person, fails to take precautions against probable danger from an animal in his possession, commits an offence. Interestingly, the provision does not necessarily require somebody to have already been bitten or injured. What matters is whether the owner’s negligent failure to take precautions creates the danger contemplated by the law.

Therefore, if your neighbour knows that his aggressive dogs can escape through the fence but fails to take reasonable precautions, his conduct may attract criminal liability. You may report the matter to the relevant authorities and seek appropriate preventive action.