KIU Institutional Repository

Research and publications for Kampala International University Community

 

Recent Submissions

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A Critical Analysis of the Legal and Institutional Frameworks on Environmental Protection in The Oil And Gas Upstream Sector in South Sudan
(2026) Joice John Okwam Issara
Environmental protection in South Sudan upstream Oil Industry remains a critical concern, due to the sector significant environmental impacts. Despite the existence of legal and institutional frameworks intended to regulate upstream oil and gas activities, environmental degradation continuous to pose serious challenges. This study examines the legal framework governing environmental protection in the oil and gas upstream sector in South Sudan, with a focus on applicable laws, regulations, and institutional mechanisms. Its further identifies and analyzes the key challenges hindering effective environmental protection, including weaknesses in legislation, enforcement mechanisms, institutional capacity, and compliance by stakeholders. The study also evaluates the adequacy of the implementation of existing laws and mechanisms ensuring high standards of environmental protection within the sector. Using a doctrinal legal research methodology, the study relies on primary and secondary sources such as statues, policies, international instruments, judicial decisions, and scholarly literature. The finding reveal gaps between legal provisions and their practical enforcement, highlighting the need for strengthened regulatory frameworks, improved institutional coordination, and enhanced enforcement mechanisms. The study concluded by proposing recommendations aimed at improving the effectiveness of environmental protection in the oil and gas upstream sector in South Sudan, there by promoting sustainable and environmental sustainability.
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Appraisal of The Role of Non-Government Organisations In Advancement of Women's Rights in Uganda
(2026) Nimwesiga Annet
This dissertation critically appraises the role of Non-Governmental Organizations (NGOs) in advancing women’s rights in Uganda, a country that has enacted progressive legal frameworks but continues to experience a troubling disconnect between law and lived realities. Despite ratifying global instruments such as CEDAW and implementing national laws like the Domestic Violence Act (2010), women in Uganda still face economic, social, and political marginalization. NGOs fill this gap through legal advocacy, economic empowerment, and awareness campaigns. Using doctrinal research methodology, this research interrogates the adequacy of relevant international and domestic frameworks about women’s rights such as the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of all forms of Discrimination Against Women, International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil Political Rights, and Ugandan Succession Act, Equal opportunities Act respectively. The study assesses how NGOs bridge enforcement gaps, influence policy, and empower communities. It also identifies key challenges, such as restrictive legal environments, underfunding, and cultural resistance. The research concludes that while NGOs are pivotal change agents, their efforts must be strengthened through coordinated policy reforms and strategic partnerships. This work contributes to feminist legal scholarship by offering practical, evidence-based strategies for advancing women’s rights through civil society engagement.
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Examination of The Legal Framework of the Operation for Fintech in Uganda
(2026) Kula Ivan Arthur
The rapid growth of financial technology (fintech) in Uganda has presented significant opportunities for advancing financial inclusion and development, yet it has also raised pressing legal challenges that the current regulatory framework is ill-equipped to address. Critical concerns such as consumer protection, data privacy, and cybersecurity risks remain only partially regulated, while existing scholarship often overlooks the specific legal and institutional complexities within the Ugandan context. This study set out to critically examine the legal framework governing fintech operations in Uganda, evaluate its effectiveness in safeguarding consumers and managing emerging risks, and identify the legal challenges that threaten the sector’s sustainable growth. Employing a doctrinal methodology, the research analyzed statutes, case law, policy documents, and secondary legal commentaries, complemented by comparative insights from other jurisdictions such as Kenya, Nigeria and South Africa. The findings reveal that although Uganda has enacted important laws, including the National Payment Systems Act 2020, the Financial Institutions Act 2004, and the Data Protection and Privacy Act 2019, the regulatory framework remains fragmented and inconsistent. Overlapping mandates between institutions such as the Bank of Uganda, the Uganda Communications Commission, and the Financial Intelligence Authority create compliance difficulties, while consumer protection mechanisms are weak, leaving users vulnerable to fraud, unfair practices, and inadequate data safeguards. The absence of tailored regulations for emerging fintech models, coupled with insufficient cybersecurity standards, further undermines regulatory effectiveness. The study concludes that while Uganda’s legal framework provides a necessary foundation for fintech regulation, it lacks the adaptability and coherence required to respond to rapid technological change. It recommends the introduction of a regulatory sandbox to foster innovation under supervisory oversight, the strengthening of consumer protection and dispute resolution mechanisms, and the adoption of sector-specific cybersecurity standards. Together, these reforms are essential to building a secure, inclusive, and innovation-friendly fintech ecosystem capable of supporting Uganda’s transformation in fintech
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Exposition on Extraterritorial Jurisdiction: Ecowas and The East African Community Context
(2026) Malinzi Perez
This study interrogates the exercise of extraterritorial jurisdiction (ETJ) within ECOWAS and the EAC, situating it at the intersection of sovereignty, regional integration, and international law. Its objectives are threefold: to analyse how state sovereignty and power dynamics shape ETJ in ECOWAS and the EAC; to examine how ETJ frameworks in both regional blocs can be harmonised to ensure effective jurisdictional practice; and to appraise the challenges in the current ETJ frameworks of ECOWAS and the EAC, with a view to proposing reforms and improvements. Anchored in UN Charter principles of sovereignty and non-intervention, ETJ is deployed to address transnational concerns such as human rights violations and security threats, yet in African regional contexts, it generates tensions between supranational authority and state autonomy, compounded by weak enforcement, political resistance, and divergence from global norms. Employing doctrinal analysis of treaties, protocols, case law, and scholarly literature, and interpreted through neoliberal, neorealist, and positivist lenses within a 2015–2025 temporal scope, the study reveals ECOWAS’s interventionist model, exemplified by military interventions and expansive human rights rulings, contrasted with the EAC’s cautious, treaty-bound approach. Key challenges identified include enforcement deficits, political interference, normative fragmentation vis-à-vis the UN Charter, restricted access to justice beyond human rights claims, and emerging jurisdictional gaps in cyber governance and climate harms, all shaped by power asymmetries such as Nigeria’s dominance in ECOWAS. The research concludes that ETJ reconfigures sovereignty through pooled authority but risks legitimacy erosion, absent harmonisation with global standards, and recommends reforms including expanded locus standi, AU-monitored compliance mechanisms, strengthened judicial independence, civic education, and alignment with AfCFTA frameworks. Ultimately, the study advances an African-centric perspective on ETJ, proposing balanced reforms for sustainable regional governance and highlighting future research needs in cyber jurisdiction, compliance monitoring, and comparative regional analysis.
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Examination of The Law on Fintech Operations of The Islamic Banking System in Uganda
(2026) Wakubirwa Micheal Sekandi
This study explores the intersection of financial technology (Fintech) and Islamic banking within Uganda’s evolving legal and regulatory framework. It aims to identify existing laws governing Fintech compliance with Islamic finance principles, analyze related opportunities and challenges, and propose a framework for effective regulation. Findings reveal that while the 1995 Constitution particularly Articles 29(1)(c), 40(2), and 21 protects religious freedom, economic rights, and equality, Uganda lacks a comprehensive statutory and regulatory system for Islamic Fintech. Although the Financial Institutions (Amendment) Act, 2016 provides a legal basis for Islamic banking, the Bank of Uganda has not issued implementing regulations. Similarly, laws such as the National Payment Systems Act, 2020 and the Tier 4 Microfinance Institutions and Moneylenders Act, 2016 are tailored to conventional finance and fail to address Islamic principles like the prohibition of interest (riba), speculative risk (gharar), and investment in prohibited sectors (haram). Institutional fragmentation among regulators and the absence of a central Shariah Advisory Council further hinder compliance and oversight. Limited judicial understanding of Islamic commercial jurisprudence also reduces legal certainty. Nonetheless, opportunities exist, including a tech-savvy youth population, an unbanked Muslim demographic, and growing policy support for digital inclusion. The study concludes that Uganda’s current framework is inadequate for Islamic Fintech growth and recommends establishing a National Shariah Advisory Council, improving inter-agency coordination, training judicial officers in Islamic law, and promoting public awareness to enhance inclusive, ethical, and legally sound digital finance.