An analysis of the law relating to the presidential elections in the realization of democracy in Uganda: a case study of the 2016 presidential elections.

Thumbnail Image
Journal Title
Journal ISSN
Volume Title
Kampala international University, School of Law
This study titled "An Analysis of the Law Relating to the Presidential Elections in Realization of Democracy in Uganda" was carried out in Uganda, with specific aims of examining laws relating to the presidential elections and ascertaining whether the presidential elections laws are free and fair enough in as far as presidential elections are concerned, to critically analyze the effectiveness of the legal frame work of the elections in the regulation of the presidential elections, to establish the challenges and obstacles in the implementation of the presidential laws in a democratic society, and to come out with findings and recommendations that can promote a free, fair and credible presidential elections in a democratic society. To successfully analyze this research, qualitative and quantitative methods of data collection were adopted. The researcher used both library research and personal interviews. The study relied on literature from various scholars on this topic and related case laws. Basically, desk analysis was employed. The researcher visited numerous libraries in Kampala and conducted various interviews with respondents. The researcher finding indicated that elections per se are not an indication of democracy but democracy encompasses a number of factors ranging from freedom of equal participation by the aspirants in a political free environment without being subjected to a limitation as to freedom of movement, speech and the freedom to associate with fellow Ugandans as provided in the Constitution. The study concluded that democracy is not realized by merely holding elections regularly but the will of the people must prevail. Democratization is a gradual process that entails a combination of factors that impact themselves. Among others, Institutions like the police, the army, security agencies, Comis and the Electoral Commission are very instrumental in the democratization process. The study recommended that for Uganda to fully realize the true meaning of democracy especially in a political environment where elections are a sole indicator of a thriving democracy, there has to be government implementation of the recommendations issued by the Supreme Court in the 2016 presidential election petition. And finally, there has to be a lot of reforms in key whistle blower institutions such as the Electoral Conm1ission and electoral reforms on the presidential elections.
A Dissertation Submitted to the School of Law in Partial Fulfillment of the Requirements for the Award of Bachelor of Laws Degree of Kampala International University
Law, Presidential elections, Democracy, Uganda, Presidential elections