School of Law (S.Law) Collections

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Now showing 1 - 5 of 287
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    Access to justice: analysis on the standard and burden of proof in trial of sexual and gender-based violence cases in Uganda
    (Makerere University, 2025) Ahurira, Praise
    Sexual and Gender Based Violence (SGBV) persists due to entrenched societal norms and practices, as well as flaws in legal processes, rather than a lack of legislation. The general objective of the study was to examine the effect of the evidential burden in court trial on access to Justice by survivors of sexual and gender based violence (SGBV) in Uganda. This study was justified on several grounds, reflecting its relevance and necessity in addressing critical gaps and challenges within the Ugandan and other judicial systems as there exists a significant gap between legal theory and its practical application in SGBV cases. While legal principles such as the burden of proof are well-established, their application in the context of SGBV often encounters practical challenges, including limited evidence and victim testimonies. This study sought to bridge this gap by examining how this legal concept is applied in practice and identifying potential discrepancies that can be improved upon to enhance access to justice by SGBV victims. The Researcher used qualitative methods of data collection from a cross section of respondents 22 out of 30 that were planned from: victims, Uganda police, courts/judiciary, and NGOs/Civil/human right activist’s offices. The findings were supported by secondary data and relative plausibility theory. The study found out that whereas there is an existent and adequate international and domestic legal framework, victims and survivors still have inadequate information in respect to access to justice, and this makes it difficult for them to navigate the justice system that has court practices by judicial officers that frustrate SGBV court case trial processes and outcomes. Consequently, they have a high burden to defend their testimonies and adduce evidence supporting their claims sometimes unsuccessful and are left re- traumatized. The study recommended that Uganda benchmarks other countries to assess the effectiveness and adequacy of the standard of proof used variedly in prosecuting crimes of SGBV with the view of reviewing and lessening the burden on part of the prosecution and victims and survivors of SGBV. The study also recommends that Uganda implements more special court sessions and procedures for SGBV cases, ensuring that SGBV cases are handled in a gender-responsive and victim-friendly manner. Establishment of specialized courts and tribunals, application of victim-centred approaches, training prosecutors and judicial officers, emphasizing and facilitating expert testimony and evidence-based practices, provision of support services (counselling, healthcare, shelter), encouraging community awareness and education, undertaking policy reforms and legislative changes and increasing funding and resources to dispose of SGBV cases in a timely manner.
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    Assessing the extent of Uganda'a implementation of East African Community treaty obligations on cross-border legal practice
    (Makerere University, 2026) Omara, Tonny
    The East African Community Treaty and the Protocol on the Establishment of the East African Common Market impose binding obligations on Uganda to liberalize cross-border legal practice. Uganda committed to eliminating barriers by 2015, yet remains non-compliant more than a decade beyond that deadline, its Advocates Act continuing to exclude lawyers trained outside Uganda from the Bar. This dissertation critically examines Uganda's implementation failures, analysing their causes and identifying reforms necessary to achieve compliance. Using a doctrinal methodology, the study analyses the EAC Treaty framework, the Common Market Protocol and its Annex V, and Uganda's domestic legal framework, assessing their compatibility with Uganda's regional obligations. The study finds that non-compliance stems from four interconnected obstacles: political and legislative inertia, economic protectionism, nationalist resistance, and constitutional constraints on treaty domestication. Drawing on comparative analysis of the EU, ECOWAS, and SADC frameworks, the study concludes that Uganda's domestic laws are fundamentally incompatible with its Treaty obligations and recommends a phased programme of legislative, institutional, and policy reforms – including targeted amendments to the Advocates Act, reform of the Law Council's mandate, and strengthened EAC-level enforcement. The obstacles to compliance, while significant, are surmountable, and the benefits of regional legal integration substantially outweigh the costs.
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    Criminal law and procedure in East Africa: a comparative legal practice guide
    (Suigeneris Publishing House, 2026) Lubogo, Isaac Christopher
    Criminal law defines conduct prohibited by the state as an offence against the public, as distinct from civil law, which governs disputes between private parties. Across East Africa, criminal law derives from a layered set of sources reflecting the region's colonial inheritance, its post-independence constitutional development, and its engagement with international and regional human rights standards.
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    Land transactions in East Africa: a comparative legal practice guide
    (Suigeneris Publishing House, 2026) Lubogo, Isaac Christopher
    The land tenure systems of East Africa represent one of the most complex and contested areas of legal practice in the region. Understanding the historical evolution of these systems is essential for any legal practitioner advising on land transactions, as the historical context determines the legal character of land rights, the applicable regulatory framework, and the potential risks associated with any transaction. This Chapter traces the evolution of land tenure from pre-colonial customary systems through colonial imposition to the post-independence and contemporary constitutional frameworks. The comparative analysis covers Uganda, Kenya, Tanzania, Rwanda, Burundi, and South Sudan, with reference to the East African Community (EAC) harmonization agenda.
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    Family law and succession in East Africa
    (Suigeneris Publishing House, 2026) Lubogo, Isaac Christopher
    Family law in East Africa is derived from multiple sources, reflecting the region's colonial history, religious diversity, and rich customary traditions. This Chapter examines the sources and nature of family law across the EAC member states.