Critique of the law on right to fair hearing in criminal trials in Uganda

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Kampala International University, School of Law
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.
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
Critique, Law, Fair hearing, Criminal trials, Uganda