My neighbor has poisoned my chicken on allegations that they have been going to his farm and destroying his crops during this planting season. I have reported this incident to the Police but they seem be unsure with what offence they can charge the suspect. Can you guide me please?
Section 325 of the Penal Code [Cap.16 R.E 2019] establishes the offence of unlawful killing of animal capable of being stolen but the Penal Code in its definition section does not define the term animal. We think that is the reason police have been hesitant to charge the suspect with the offence of unlawful killing of animal contrary to section 325 of the Penal Code.
However, poisoning a chicken is an offence under section 59(1)(f) of the Animal Welfare Act, 2008. The Animal Welfare Act defines animal as vertebrate and invertebrate. Chickens are covered by the definition of the term animal under the Animal Welfare Act because they are vertebrate, hence the police may charge the suspect under section the Animal Welfare Act.