Critique of the law on right to fair hearing in criminal trials in Uganda
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Date
2019-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Kampala International University, School of Law
Abstract
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.
Description
A Thesis submitted to the College of Higher Degrees and Research of Kampala International University Kampala, Partial Fulfilment for the Award of Master of Laws Degree of Kampala International University
Keywords
Critique, Law, Fair hearing, Criminal trials, Uganda