Master of Arts in Law

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    Community service as a mode of punishment in Uganda
    (Kampala International University, School of law, 2023-07) Habimana Innocent
    According to the Community Service Act of 2000 Cap 115, Community Service means non-custodial punishment by which after conviction, the court with the consent of the offender makes an order for the offender to serve the community rather than undergo imprisonment. This study investigated the challenges for judicial officers ordering Community service as opposed to imprisonment or custodial sentences in Uganda. The specific objectives of the study were: To analyze the theories and types of punishment in relation to community service sentencing in Uganda; to review the existing legal and institutional framework on community service in Uganda; and to make a specific inquiry into the challenges facing in the implementation of community service in Uganda. The significance of the study was to provide relevant background information on community service sentence as a penal reform measure that would benefit members of academia and other researchers who intend to carry out similar or related research in this area by availing this study in the library and various internet websites and also build on the existing body of knowledge of community service sentencing by judicial officers in the bid to mitigate congestion, reduce expenditure in the already health, human and finance constrained Uganda prisons services. The study found out that placement institutions are determined by courts, the supervisor under the current form of Community Service Act can’t take any action against the convict in case of defaulting the sentence but rather reports to court. The dissertation also discovered general salient challenges that are faced in the implementation of community service that included among others, ignorance about the law by some stakeholders, insufficient supervision and monitoring and negative attitude and poor enforcement of the programme, shortage of manpower, lack of motivation to workers implementing the sentence, corruption, plus poor supervision at the placement institutions. The study recommended that the placement institutions for offenders should be determined by the probation office, government should allocate a budget to local governments and establish community service’s advertising system and proposed the amendment of Community Service Act to increase powers of the supervisors to offenders performing community service sentence.
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    The role of courts in commercial arbitration in Uganda:
    (Kampala International University, School of law, 2023-11) Kasiko, Ibrahim
    Despite all the advantages of commercial arbitration, it has never been considered as an entirely independent and complete dispute settlement system and as such has been traditionally assisted by national courts. Nevertheless, the optimum model for courts' involvements in commercial arbitration is not clear. More importantly, given the latest development in the theory and practice of commercial arbitration both during domestic arbitration and international arbitration, the necessity and nature of such involvement is under question. Accordingly, this study aimed to determine the optimum scenario of court involvement in commercial arbitration in order to enhance its efficiency. The study relied mainly of doctrinal research methodology where both primary and secondary sources of information were identified and analyzed. The study revealed that court involvement in commercial arbitration may occur in several ways which sometimes lead to delays and complications. These include, before the establishment of arbitral tribunal, at the commencement of arbitration process, during the arbitration and finally at the time of recognition and enforcement of the arbitral award especially in international arbitration. Court intervention is arbitral proceedings may sometimes result in undesirable outcomes especially where parties resort to interim measures as a form of delay tactic. In addition, whilst the Arbitration and Conciliation Act provides for the enforcement of arbitral awards, the process can be slow and cumbersome. There is also a lack of clarity on the grounds for challenging an award, which can lead to disputes over the enforcement of awards. It is therefore recommended that the judiciary should develop practice directions for magistrates regarding arbitration and to include arbitration and other ADR mechanisms in performance measurement for judicial officers.
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    Human rights and public health protection: an examination of Uganda’s response to the covid-19 pandemic
    (Kampala International University, School of law, 2023-11) Muhindo, Patience Audrey
    This study explored the connection between human rights and public health protection within the context of the COVID-19 pandemic in Uganda. It delved into the legal mechanisms and non-legal measures implemented to safeguard public health and how they impacted individual human rights. The research utilized both doctrinal and non-doctrinal methods. The doctrinal approach focused on legal materials, investigating international and national laws relevant to human rights and public health protection. Meanwhile, the non-doctrinal approach examined the interaction between law and society, analyzing decision-making processes and the experiences of those affected by the law. The study revealed that while certain international frameworks and declarations don't explicitly address pandemics, they indirectly contribute to safeguarding human rights and improving public health outcomes. It also found that the combination of non-legal measures and Uganda's legislative and institutional framework effectively managed various aspects of lockdown scenarios, including public health concerns. The study's recommendations include urging the Ugandan government to ensure that law enforcement agencies uphold human rights even during national crises. It also suggests involving civil society in the legislative process and emphasizes the importance of ongoing research to maintain updated insights into the study's subject matter.
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    Critique of the law on right to fair hearing in criminal trials in Uganda
    (Kampala International University, School of Law, 2019-01) Akineza, Augustine
    The right to fair hearing is non-derogable right under article 44(c) of chapter four of the Constitution of the Republic of Uganda, 1995. The observation of this right has fell short of expectations even after being accorded such importance. The researcher investigated the status of observation of the right to fair hearing of an accused person undergoing criminal trial in Uganda, specifically focusing on the law and practice. Qualitative methods of research were applied in the study. The study revealed that the provisions relating to observation are dotted in different Acts of Parliament, some legislation are contrary to the spirit of the Constitution of Uganda, isolative interpretation and application of the articles relating to the right to fair hearing, and public attitude have greatly hampered efforts to enjoyment of the right to fair hearing in Uganda. Recommendations which include the amendments and enactment of relevant laws, political will, and training of the various stakeholders in the criminal trial process, if implemented would go far to guarantee the observation of the right to fair hearing of accused persons in Uganda during criminal trials.
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    Towards the abolition of the death penalty in Uganda: (an analysis of the implications of the Susan Kugula case)
    (Kampala International University.College of Law, 2011-09) Namutale MKJ, Matovu
    The researcher embarked on the research topic: An analysis of the implications of the SUSAN KIGULA CASE; The study investigates two issues related to Uganda perception about the abolition of the death penalty and also discusses the implications and imports of the Kigula Case- a special type of ruling on the subject in Uganda. In the researcher’s report there is an introduction of the death penalty and its background in Uganda. The researcher looks at the background in Uganda and the rest of the world in general, had an opportunity to look at the current literature and the different view points i.e. literature of the death penalty generally and in Uganda in particular, and conducted field study, desk study and the findings have been included and summarized in chapter four- Data analysis, Interpretation and Presentation. conclusions have been drawn and it is hoped hoped that another researcher may start from there for further research. Given the world trend, it will not be long for the death penalty to be abolished entirely from the Ugandan statute books. It is the researcher’s view that people live and work in a global village — and Uganda is part of this global village. Uganda cannot afford to work in isolation. The modern evolving standards of decency cannot leave Uganda out. The researcher agrees with the world wide trend and majority views concerning the death penalty that it is no longer viable. The sooner the death penalty is abolished, the better. The researcher concluded by stating that the death penalty has outlived its useful purpose The researcher found that more than 2/3 of the world have abolished the death penalty — in law and practice. Even the 50 countries that have retained the death penalty, have not used it in 2009. It was only 18 countries that (included China) used it in the same year. The researcher reviewed different literature of different authors with diverse views on the death penalty. Some of those reviewed included; The death penalty debate by Hon. Justice Anthony Bahati, Chairman of the Law Reform of Tanzania, Robin M. Maher, “The death penalty and reform in the USA; The people decide by Leah Ambler, John MCdams views on the deterrents among others. Following the research design, the researcher embarked on the analysis of the Susan Kigula case and its implication on the Ugandan laws. The researcher first looked at the legal provisions governing the death penalty in Uganda — both in civil and military courts, and a list of offences that attract the death penalty. The researcher also looked at the international human rights instruments and how they impart on Ugandan court system. The researcher found that most of the people interviewed were in favour of the death xv penalty. This was no sui~rise in a countly where mob justice is ve~ common even for the slightest offence. The death penalty is constitutional in Uganda but the court’s judicial notice on the international trend for abolition and the advice to the law makers to consider the abolition of the death penalty is indeed encouraging. The researcher was able to identify a number of elements inconsistent with the international human rights obligation of Uganda in the context of the administration of the death penalty. Great attention has been focused on the abolition of the death penalty the world over. The abolionists have failed to consider the plight of the victims families. The victims have also human rights which were cut short by deliberate criminal behavior. Many writers and researchers are of the view that the death penalty has no deterrent effect. In the researcher’s view this is debatable. The researcher concludes that death penalty in Uganda (in light of what has transpired) will soon be abolished. How soon this will depend on how the government and other stakeholders will act; — namely sensitize the public. But until that is done, the hardened attitude of the populace may take long to soften.