Challenges Facing the Judiciary in Uganda.
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Date
2014-05
Authors
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Journal ISSN
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Publisher
Kampala International University, School of law.
Abstract
The study is based on the performance of Judiciary in administering justice and the fostering of
the Democratic Principles in light of Articles 3 and 128 of 1995 Constitution of Republic of
Uganda. Tracing the history of the Judiciary is like trying to relate a cup of water dipped out ofa
stream to a particular source, it may be easy to find the beginning of the stream but tracing the
origin of a single part of it from among all the possible tributaries is much more complicated.
Perhaps, it is for this reason that historians tread so carefully when they are carrying out their
research work. Therefore the history of Judiciary in Uganda predates Colonialism.
Under the Colonial Judicial System, it was imposed on the traditional rules in Uganda as well as
administrative system was also imposed without consulting them. The 1902 Order in Council
and the 1900 Buganda Agreement presented the Colonial Constitutional Framework. On the
other hand under Pre- colonial Uganda, each community enjoyed its own legal system, which
was based on custom and usages. Elders, clan leaders and Kings enforced the customs.
Apparently, there is no other literature as to how the Traditional Judicial Courts sought to
promote democracy in their locality. What is clear, are the decisions of Judicial Officers were
met with compliance from the subjects and impacted the necessary local democratic principles.
In Uganda and other Colonial African Countries, the Colonialists practiced racial discrimination
in all spheres oflife in their territories. In the giving of jobs, Ugandans were employed as clerks
in urban areas and chiefs in rural areas. The chiefs exercised both the Judicial and administrative
roles.
Therefore since they were imposed on Africans who were not elected by the people, they were
handmaiden to the colonial higher level. The Judicial System and as microscopic level, it could
not at all uphold the Democratic Principles of Uganda. At the National level, the Courts
destroyed the implication of customary laws and usages. For instance African customary
man-iage was regarded as women purchase and not a wife of valid marriage as was indicate.
Description
A research dissertation submitted to the School of Law in
Partial Fulfillment of the Requirement for the Award
of Bachelors Degree in Law of Kampala
International University.
Keywords
Judiciary, Challenges, Uganda