A critical analysis on the Impact of case Backlog on the Right to fair and speedy trial in Uganda.
Loading...
Date
2019-06
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Kampala International University, School of law.
Abstract
Tllis paper explores issues concerning the impact of case backlog on the enjoyment of the right
to a fair and speedy trial iu the Ugandan justice system. In particular, it looks at how and why
there have been many difficulties with the implementation of this universal set of values that
have been recognized since the adoption of the fonnallegal system in Uganda, and which have
been enshrined in the Constitution since independence.
The Researcher used a doctrinal method of research to bring out both the international and
national legal framework regulating the enjoyment of the rights to a fair and speedy trial in its
chapter two and explains the meaning of the right to fair trial in accordance to the International
Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights
and then the municipal law protection of the right to a fair and speedy trial. The paper discusses
the causes of case backlog in the judiciary in Uganda and puts forward the measures that have
been put in place by the government of Uganda to reduce case backlog iu the Judiciary.
Measures like the mandatory Mediation for all civil suits to be commenced iu all courts of
Uganda and Plea bargaining for criminal offenders are already functioning to ensure reduction of
case backlog hence the enjoyment of the right to fair and speedy trial. The paper goes ahead to
explore into the effects of case backlog on the enjoyment of the right to fair and speedy hearing
and fmally the researcher proposes refonns and recommendations to stake holders to minimize
delay caused by backlog to ensure the enjoyment of the right to fair trial.
Description
A research proposal submitted to the School of Law
in Partial Fulfillment of the Requirement
for the Award of Bachelor of Laws of Kampala International University.
Keywords
Fair and Speedy Trial in Uganda, Critical Analysis, Rights, Uganda