An American couple accused of child neglect and unlawful stay in Uganda has pleaded guilty to the charges. 

Nicholas Spencer, 33, and his wife Mackenzie Leigh, 33, entered a plea bargain and were convicted based on their own plea of guilt. 

Initially, they were charged with aggravated trafficking in children, contrary to section (3)(a) and 5(a) of the Prevention of Trafficking in Persons Act, 2009, but the state amended the charges. 

The charges against Leigh, who is accused number one, were amended to include cruel or degrading treatment or punishment, contrary to section (7) (1) of the Prevention and Prohibition of Torture Act, unlawful stay in Uganda, contrary to section (66) of the Uganda Citizenship and Immigration Act, and employment without a work permit, contrary to section 59 (2) of the Uganda Citizenship and Immigration Act. 

Meanwhile, charges against Spencer were amended to include child neglect, contrary to sections 157 and 22 of the Penal Code, unlawful stay in Uganda, contrary to section (66) of the Uganda Citizenship and Immigration Act, and employment without a work permit, contrary to section 59 (2) of the Uganda Citizenship and Immigration Act. 

Justice Alice Komuhangi Khaukha at the International Division of the High Court sentenced the couple to a fine of shillings 3.3 million or two-year imprisonment in default. 

Komuhangi stated that she reviewed the plea bargain and established that the accused knowingly and intelligently waived their constitutional rights. 

Prosecution’s case 

The prosecution led by Lillian Omara at the Office of the Director of Public Prosecutions (ODPP), stated that the couple had been living in Uganda since 2017.  

They came to Uganda with the aim of adopting children. In September 2019, they applied to the Jinja Protection and Social Welfare office to foster a child aged 7 years old (name withheld).  

The prosecution said the application was granted. In 2020, the couple enrolled the victim in school and later withdrew the child from school. 

According to the prosecution, Mackenzie intentionally started inflicting physical pain and mental torture on the victim, making the victim sleep on a wooden slab.