Bachelor of Laws - Kampala Campus

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https://hdl.handle.net/20.500.12311/1029

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A Comparative Analysis of the South Sudan Constitution Making Process with Other East Africa Countries
(Uganda Christian University, 2025-05-28) Michael Saki Wani
The South Sudan Constitution Making Process provide an opportunity for the Country to address governance, economic, social issues and others facing the Country for decades now. However, it’s important for the process to appreciate democratic principles by ensuring that there’s active participation of the citizens and their views are reflected in the final constitutional text. In writing the new constitution for South Sudan, it’s equally important that the Country borrows past and present experiences of the East African Countries especially appreciating their processes, procedures and institutions charged by the responsibility of spearheading the process as provided by law. The Constitution Making Process Act establishes key institutions such as the National Constitution Review Commission (NCRC), The National Constitutional Conference (NCC), Preparatory Committee and the Drafting Committee. These institutions were charged with different responsibilities for ensuring a transparent, accountable, credible and legitimate Constitution Making Process. However, the process is faced with a number of challenges including lack of political will by the leadership, lack of resources, failure to implement the Revitalized Peace Agreement, political and security tensions in the Country, leadership failure and others. The study recommends the review of the Constitution Making Process Act to narrow the existing lacunas in the law, provide budgetary allocation of funds to the institution, constitutional referendum, reform draconian security laws, ensure judicial independence and impartiality and others.
A Comparative Study of International Best Practices Employed in Striking a Balance Between the Functionality of Competition Law and Protection of IP as they Operate within the market Place.
(Uganda Christian University, 2025-05-31) Cedric Kiwanuka
The contemporary global economy is fundamentally shaped by the intricate yet subtle relationship between IP rights and competition law. These two legal disciplines may seem to have different goals at first, but they are actually two sides of the same coin that drive innovation and economic growth. Intellectual property, which includes patents, copyrights, and trademarks, gives creators and innovators exclusive rights. These exclusive rights create limited monopolies designed to incentivise research, development, and creative output. On the other hand, competition law, also known as antitrust law, tries to stop monopolistic abuses and anti-competitive practices. It does this by making sure that the market is fair for all competitors, encouraging lower prices, and giving consumers more options. The main goal of both IP rights and competition law is to improve consumer welfare and boost economic growth. But in practice, the exclusive rights that come with IP rights can give certain market players a lot of market power, which can lead to higher prices and make it harder for new competitors to enter the market. The challenge for legal authorities is managing the delicate balance between enforcing IP rights and ensuring fair competition. This paper undertakes to carry out a comparative study of international best practices in striking this crucial balance. The goal of this research is to show how important this issue is to Uganda as a developing economy and to identify which international best practices may be adopted and effectively applied to the Ugandan context.
A Critical analysis of the laws on the Rights of Children Involved in Armed Conflicts in Uganda
(Uganda Christian University, 2025-06-14) Stella Ekweny Apolot
This dissertation examines the existing Human Rights Laws and evaluates their effectiveness in safeguarding children during armed conflicts. This study aims to determine whether the enforcement of these Human Rights Laws, particularly regarding the protection of children in armed conflicts in Uganda and globally, has been achieved. It has been posited that for a robust system to effectively address the violations of children's rights during armed conflicts, International Human Rights Law (IHRL) and International Humanitarian Law (IHL) impose a responsibility on States, as signatories, to protect their civilians, a legal obligation they must fulfill. The question of whether this has been realized in Uganda and other countries currently facing armed conflicts that impact children both directly and indirectly remains a contentious issue. The research gives a deeper analysis of the impact of armed conflicts on children in Uganda and globally, and also discusses the best practices for children involved in armed conflicts and the ways forward. Furthermore, the study discusses the various mechanisms of the application of human rights as regards protection of children during armed conflicts and fostering their access to justice. The study gives a comparative analysis between Uganda and other nations recently affected by armed conflicts such as the Democratic Republic of Congo, South Sudan, and Syria, Palestine, Ukraine and the range of human rights laws and policies aimed at safeguarding children in situations of armed conflict and the implementation of such human rights provisions and other laws as regards the protection of children involved in armed conflicts.
A Critique of the Effectiveness of Cyber Laws in Addressing Cyber Harrassment
(Uganda Christian University, 2025-05-28) Mariam Mirembe
Cyber harassment is the use of a computer for making any requests, suggestions or proposals which is obscene, lewd, lascivious or indecent, threatening to inflict injury or physical harm to the person or property of any person. Cyber harassment is a growing evil that has been taking place since the invention of computer chat rooms to the creation of Facebook, twitter, tiktok, among others. With the presence of these various communication forums and the ability of users to remain anonymous, cyber harassment has become a daily crime, causing its victims to suffer from depression, self-denial, isolation and sometimes suicidal thoughts. This research basically looks at the effectiveness of cyber laws such as the Computer Misuse Act Cap 96, Access to Information Act Cap 95, and Data Protection and Privacy Act Cap 97, in curbing cyber harassment. The research shall be table-based (qualitative), specifically based on the available literature on the research topic as well as the required statutes, and it shall focus on the general population as the victim to cyber harassment. This research is expected to amplify the voice in the fight against cyber harassment as well as provide new measures to help curb the evil.
A Right to Inclusive Education for Persons with Disabilities in Universities in Uganda
(Uganda Christian University, 2025-05-23) Christine Elizabeth Acam
Uganda has progressive laws and policies that promote inclusive education at all levels. This dissertation examines the realization of the right to inclusive education for persons with disabilities in universities. The study uses desktop research to look at legal documents, policies, and academic writings. The study finds that some public universities have made efforts like creating disability support centres and admitting students with disabilities through an affirmative action scheme. However, most private universities fall short of this practice. Generally, in both public and private universities, students with disabilities are experiencing exclusion due to inaccessible buildings, a lack of support services, and limited awareness among university staff. This dissertation recommends staff training on disability inclusion, increasing funding, modifying infrastructure, adapting ICT and library services, and implementing disability policies to realize disability inclusion in universities.
An Assesment of the Impact of New Technologies on the right to Freedom of Expression in Uganda
(Uganda Christian University, 2025-05-28) John Zake Senoga Kagutema
Because of the rapid development in technology, the right to freedom of expression in Uganda is in question, this research aims at providing a comprehensive analysis of laws and regulations in conjunction with technology from Uganda’s perspective. It will explore the various approaches adopted by Uganda, highlighting key legislative instruments, regulatory bodies, and enforcement mechanisms. Using a quantitative research methodology, this research will examine the challenges met in implementing the laws on cyber security in Uganda and also analyses the laws such as the Computer Misuse Act, 2011; (2) Electronic Transactions Act, 2011; and (3) Electronic Signatures Act, 2011. Ultimately, this research underscores the importance of international cooperation and dialogue in addressing the complex and evolving landscape of cyber security threats. As cyber risks continue to evolve, so too must the legal frameworks designed to mitigate them, ensuring that they are both effective and adaptable to the changing dynamics of the digital age. It should be equally noted that today a great part of life is based on digital connectivity and digital transformation is reshaping industries and societies, the protection of data and critical infrastructure from cyber threats has become a paramount concern. Cyber security incidents, ranging from data breaches to ransom ware attacks, have escalated in frequency and sophistication, underscoring the vulnerabilities inherent in our interconnected world. Governments, businesses, and individuals are increasingly recognizing the need for robust cyber security measures to safeguard sensitive information, protect privacy, and ensure the continuity of essential services.
An Examination of the Impact of Medical Malpractice Litigation on the Performance of Health Workers in Uganda.
(Uganda Christian University, 2024) Paul Richard Kabanda
Medical malpractice litigation is a growing trend in most developing countries and many countries are seeking ways to cope with the problem. Practicing safe behavior regarding patients is an essential part of a health worker’s ethical and professional standards. Despite this, health workers practice behaviors that run counter to patient safety, including practicing defensive medicine, hesitating to disclose incidents of malpractice to patients and failing to report these incidents of malpractice to the hospital administrations. Health worker’s risk of malpractice litigation seems to be a relevant factor affecting these behaviors. The objective of this study was to examine the impact of medical malpractice litigation on the performance of health workers. The study sought discuss the legal framework surrounding medical malpractice in Uganda, analyzed the state of medical malpractice litigation in Uganda, and analyzed the adequacy of the existing legal frameworks in addressing the medical malpractice. It has been established that there is a need for a common definition of medical malpractice, a common legislation that will save the situation of referring to multiple laws when adjudicating on medical negligence suits. The health workers have suffered from psychological distress when facing medical litigation. Such distress has led to underperformance of health workers. The costs associated with medical malpractice and the ensuing litigation have been considerable and trigger different responses from the health worker. The environment is characterized with several factors combined to create worker resentment and unhappiness about their professions and the regulatory systems within which they operate.
An Examination on the Impact of the Sports Legal Framework on the Performance of Sports in Uganda
(Uganda Christian University, 2023-05-13) Keith Lazarus Oketch
Analysing the Challenges in Enforcement of Data Protection Laws in Uganda
(Uganda Christian University, 2025-05-30) Daphine Kayeki
The Data protection and Privacy 2019 was enacted to regulate the collection, Processing and storing of personal data and to also provide rights to data subjects. This study defines different key terms that will be used within the dissertation such as data, personal data, data protection among others. Despite of the enforcement of data protection laws in Uganda there has been significant challenges like lack of sufficient funding to effectively monitor and enforce compliance, limited access to advanced digital tools for investigating data break, non compliance with the laws among others.This study explores the key obstacles hindering effective enforcement including legal and regulatory gaps, institutional weakness, limited public awareness, and technological challenges . It examines the role of regulatory bodies such as the National Information Technology Authority -Uganda ( NITU-U) and assesses their capacity to enforcement compliance and the role of the Data Protection officer (DDPO) in enforcement of the DPPA. This study also assesses other supportive laws and regulations like the computer misuse Act 2011, Access to information Act 2005 and Electronic Transactions Act 2011 among others. Additionally, the study analyses case studies and draws comparisons with other jurisdictions such as the EU General Data protection Regulations (GDPR) to highlight best practices that Uganda can adopt to strengthen data protection enforcement like adoption of regulations and possibly amending some areas of the law, Data protector or processor reporting compliance with the law. The findings reveal that inadequate resources, lack of technical expertise and weak enforcement mechanisms contribute to poor data protection. The study recommends strengthening legal framework, enhancing institutional capacity, increasing public awareness and investing in digital infrastructure to improve enforcement. Therefore by addressing these challenges, Uganda can ensure better compliance with data protection regulations, thereby safeguarding personal data in an increasingly digital economy.
Analysing the Role of Courts in the Realisation of the Right to Health in Uganda
(Uganda Christian University, 2025-05-26) Shamirah Nabunya
This dissertation analyses in detail the manner in which Courts facilitate the attainment and enforcement of the health right in Uganda. The regional and International legal instruments observe the right to health, but unfortunately Uganda’s Constitution does not bound the country to provide the best possible standard of health. Through the use of significant rulings and public interest litigation, this study examines how well judicial systems address international and Constitutional health rights. It also looks into how infrastructure, poverty, government, the legal and illegal healthcare systems interact to influence health outcomes. A comparison with the legal frameworks of Kenya, South Africa and Nigeria reveals the possibilities and limitations of judicial activism in enhancing health equity. This research relies on qualitative method with secondary data, case law, and doctrinal legal analysis. The findings indicate that despite the fact that Ugandan courts have enhanced opinion rights to health, there is inadequate expertise within the judiciary, weak enforcement mechanisms, and poor funding which restrict full realization of health rights. The dissertation concludes with policy and legal recommendations aimed at enhancing the adjudication and actual enforcement of health rights in Uganda. Some of these suggestions include a Constitutional change, judicial education on health law, heightened public education, enhanced healthcare funding, and stronger general healthcare economics.
Assesing the Legality of Uganda's Military Interventions on Regional Peace and Security Agenda
(Uganda Christian University, 2025-05-28) Jame David Kolok
This study focused on assessing the legality of Uganda’s military intervention on the regional peace and security agenda. Considering the recent UPDF intervention in South Sudan, the researcher was particularly interested in using South Sudan as a case study. The researcher developed a framework through which the assessment can be conducted. Most importantly, the study started by unpacking similar interventions across the region and internationally looking at the legal and non-legal motivation for such interventions. This framework was then subjected to analysis through the Lens of Uganda’s recent intervention in South Sudan while consistently looking at whether this intervention met domestic, regional and international legal and non legal requirements governing military interventions. A thorough assessment is then made bringing out the impact of this intervention on number of thematic areas. Notably, implication on human rights, financial implications, political implications and legal implications. Finally, the key findings of the study, conclusions and recommendations were added to the last chapter.
Assessing the Impact of Medical Negligence and Access to Justice in Uganda
(Uganda Christian Univesity, 2025-05-27) Joseline Nambi
Medical negligence is an unbearable worry and significant concern in the healthcare system filled in the hearts and minds of patients regardless of one’s financial status which results into harm to patients’ lives causing both psychological and physical disabilities. This leads to increased healthcare costs to rectify the errors or omissions and erodes trust in the healthcare system. Practicing safe and up to the required standard methods of medication and treatment is expected to be the back bone of the health worker’s ethical and professional standards. Health workers tend to neglect their sworn values, ethics and standards of practices either intentionally or negligently which puts the health of patients in jeopardy. These can be seen through wrongful acts like misdiagnosis, wrong prescriptions of medicines, improper surgeries carried out, and so many other acts or omissions where they deliberately refuse or fail to do what is required of them. The victims to such actions remain with just one alternative, which is to seek for justice from the institutional frame works that government the health profession in Uganda. The question then remains, whether this justice is attained and can fully fill up and put together the broken pieces. The objective of this study was to assess the impact of medical negligence and access to justice in Uganda. The study sought to discuss the legal frame work surrounding medical negligence in Uganda by analyzing and assessing how best the legal and institutional frame work has played a role in ensuring that the victims to medical negligence access the justice they deserve and addressing the matter.
Assessing Uganda’s Institutional Framework on Climate Change With Specific Reference to the National Climate Change Act 2021
(Uganda Christian University, 2024-06-04) Phillip Mugabi Mukuye
Climate change is causing devastating impacts on the lives of millions of people around the world. In Uganda, the economy is particularly vulnerable to climate change given its reliance on natural resources. Floods, landslides, droughts, and other extreme weather events are increasing in frequency and intensity. Droughts have significantly affected water resources, hydroelectricity generation, and agriculture. As agriculture, forestry, and fisheries decline due to droughts, people migrate to urban areas, forming slums. Floods destroy key infrastructure like dams, roads, and bridges thereby affecting the energy and transport sector central to Uganda's economy. This reveals that Uganda faces a complex challenge of addressing climate change and promoting development. Building climate resilience or increasing the adaptive capacity in a low carbon as a possible way will help Uganda achieve sustainable growth and its development goals. Efforts to combat the impacts of climate change and enhance mitigation and adaptation saw the passing of the National Climate Change Act 2021 whose ultimate objective is to streamline Uganda's response measures and actions to climate change to global efforts to address climate change, This research sets out to discuss the institutional arrangements established under the act for implementing climate change response measures. This is followed by a discussion of the climate change response measures established under the act. The study concludes by recommending a top-down approach to addressing climate change. This approach encompasses actions that need to be undertaken by the government, private sector, and individuals to contribute to the fight against climate change.
Customer Awareness and Response to Digital Banking Fraud in Uganda's Financial Sector
(Uganda Christian University, 2025-05-29) Desire Alison Naikoba
In the last few decades, financial institutions have made huge investments in technology to reduce their cost and improve customers’ experience. This is because technology was growing, affecting various economic sectors the banking industry. Digital banking then manifested itself because the internet and mobile devices were widely adopted. This system came with an intolerable evil, “fraud.” Security and customer trust are, however, necessary to maintain the bank customer relationship. This study, therefore, goes on to discuss the level of customer awareness and response to digital banking fraud in Uganda’s financial sector, looking at the different types of digital banking fraud. This inspection was done through different case studies as a diagnostic technique involving theoretical analysis of cases adjudged by courts in Uganda, existing literature, and legislation. This study observes that the financial institutions have tried to promote customer awareness but face some challenges in promoting the same. The study, therefore, suggests measures that financial institutions can implement to enhance customer awareness and prevent digital banking fraud.
Evaluating the Effectiveness of Arbitration as ADR Mechanism in Commercial Disputes
(Uganda Christian University, 2025-05-29) Sarwa Kubira Nakayiza
This study evaluates the logicality of Alternative Dispute Resolution in facilitating the tenacity of commercial disputes in Uganda. The inspection was done through different case-studies as a diagnostic technique involving theoretical analysis of functioning literature, legislation and the cases adjudged by the courts in Uganda. With the aim of demonstrating how the Ugandan judiciary has assisted the growth of the process. This study observes that the courts in Uganda are naturally corroborative deploying the alternative dispute resolution mechanisms as explained by the liability to recognise a valid arbitration convention and unwillingness to examine evidence that is before an arbitral tribunal among others. It also considers some barriers that need to be addressed involving: a deep-seated trust deficit; the lack of an ‘Africa focused’ alternative dispute resolution practices; the lack of diversity, knowledge gaps among lawyers on how Alternative Dispute Resolution mechanisms operate and many others. The research discusses the challenges and problems while providing recommendations for the different key players in Uganda to scan regular steps in icing a prosperous domestic and international Alternative Dispute Resolution
Evaluating the Ethical Implications of Mass Surveillance on Individual Rights in Uganda
(Uganda Christian University, 2025-05-27) Shafick Ssekandi
This dissertation explores the ethical implications of mass surveillance on individual rights in Uganda. With the increasing digitization of society, governments are implementing surveillance technologies ostensibly to ensure national security, in Uganda; these efforts have raised concerns regarding the protection of privacy, data security, and civil liberties. The study investigates the extent of surveillance, assesses its impact on individual freedoms, and evaluates the existing legal and ethical frameworks. Using a qualitative research methodology, the research analyses laws such as the Computer Misuse Act (2011),the Regulation of Interception of Communications Act (2010),and Ant-Terrorism Act (2002),and juxtaposes these against human rights principles. Findings show that while surveillance has benefits, such as crime prevention, it often lacks oversight, transparency, and accountability, leading to abuses of power. The study concludes that Uganda’s current surveillance regime disproportionately prioritizes state security over individual rights, creating an ethical imbalance. Recommendations include strengthening legal safeguards, judicial oversight and enhancing public awareness on digital rights.
Evaluating Uganda's Compliance with the Paris Climate Agreement
(Uganda Christian University, 2025-06-12) Sheilah Nasasira
Environmental law plays a crucial role in sustainable development by ensuring the protection, conservation, and responsible use of natural resources. Uganda’s commitment to global environmental governance faces significant implementation challenges despite ratifying key agreements like the Paris Climate Agreement . This research evaluates Uganda’s compliance with international climate obligations, examining the legal and policy barriers to effective adoption of global frameworks. Focusing on the Paris Agreement and how it has been adopted into the national legal framework. This research analyses Uganda’s adoption of four core principles, centred around the Paris Climate Agreement, mainly, the precautionary principle, polluter-pays doctrine, sustainable development, and intergenerational equity, into domestic law through the National Environment Act Cap 181 and the National Climate Change Act Cap. 182. This study analyses treaties to highlight three critical gaps in Uganda’s adherence to the Paris Climate Agreement: legislative inconsistencies between economic priorities and climate commitments, limited institutional capacity for implementation, and enforcement failures in Uganda’s compliance rate with its Nationally Determined Contributions (NDCs). Findings indicate that, while Uganda has developed advanced legal frameworks, challenges like bureaucratic issues and insufficient climate financing undermine compliance. This study identifies key legal, policy, and institutional failures, such as the National Environment Management Authority (NEMA) and Kampala City Council Authority (KCCA), among others, that hinder Uganda’s full compliance with the Paris Climate Agreement 2016. In response, it proposes reforms such as harmonising existing environmental laws with international climate objective treaties, establishing specialised environmental tribunals that act promptly, and strengthening national institutions to implement Uganda’s commitments under the Paris Agreement. These insights will benefit policymakers, legal practitioners, scholars, and environmental advocates in shaping more effective environmental laws and policies.
Examination the Efficacy of Alternative Dispute Resolution in Intellectual Property Disputes Settlement: Arbitration in Copyright Disputes
(Uganda Christian University, 2025-05-27) Christine Nanziri
This study examines the role of arbitration in resolving copyright disputes in Uganda, emphasizing the effectiveness of Alternative Dispute Resolution (ADR) mechanisms in facilitating timely access to justice and alleviating case backlog. The research analyzes the legal and institutional framework governing arbitration and copyright protection in Uganda, exploring the interplay of international conventions, regional instruments, and domestic legislation. The findings underscore the benefits of arbitration in copyright disputes, including expedited resolution, reduced costs, and confidentiality, while also proposing practical approaches for dispute resolution through arbitration. The study concludes that arbitration serves as an effective means of resolving copyright disputes in Uganda, presenting a viable alternative to traditional litigation. It recommends increasing awareness and education about arbitration, strengthening institutions, and training more arbitrators with expertise in copyright issues. By embracing arbitration and other ADR mechanisms, stakeholders can effectively navigate the complexities of intellectual property disputes, thereby fostering innovation, creativity, and collaboration within Uganda's creative industries.
Examining the Effectiveness and Practical Reality of International Humanitarian Law in Armed Conflicts
(Uganda Christian University, 2025-05-28) Elijah Muwanguzi Kabwigu
The International humanitarian law (IHL), also known as the law of armed conflict, is a set of rules which seeks to limit the humanitarian impact of war by regulating the conduct of hostilities and protecting those not or no longer participating in war. International Humanitarian Law protects civilian, restricts the means and methods of warfare. Armed conflicts are divide into international armed conflicts and non-international armed conflicts . The Common Article 2 of the 1949 Geneva Convention has defined International Armed Conflict (IAC) as any armed conflict or declared war between two or more High Contracting Parties. This was also defined in the case of prosecutor verses Tadic where an international armed conflict was defined to mean the use of armed force between states . Further, according to additional protocol 1 of the Geneva conventions, armed conflict was also defined to include conflicts by liberation movements. Non international armed conflicts on the other hand has been defined as an armed conflict between a state and an organized armed group or between two organized armed groups within the territory of a state. In this study, the researcher set out to examine how, and whether IHL are effective in protecting human subjects during armed conflicts by imposing limits on the destruction and suffering caused by armed conflict.
Implications of the General Data Protection Regulation on International Data Protection Practices: A Case of Uganda
(Uganda Christian University, 2025-05-27) Peace Kamakune
This study examines the implications of the General Data Protection Regulation (GDPR) on international data protection practices, with a specific focus on Uganda. The research assesses the alignment of Uganda’s Data Protection and Privacy Act (DPPA) with GDPR standards, identifying critical gaps in scope, enforcement, and compliance mechanisms. Using a qualitative research methodology, the study analyzes legal texts, policy documents, and case studies to evaluate Uganda’s regulatory framework. Key findings reveal that the DPPA lacks extraterritorial applicability, stringent penalties, and robust enforcement mechanisms compared to the GDPR, undermining its effectiveness in safeguarding personal data. Additionally, weak public awareness and inconsistent enforcement hinder Uganda’s ability to attract foreign investment in the digital economy. The study recommends legal reforms, institutional capacity building, and public awareness campaigns to align Uganda’s data protection practices with global standards, ensuring enhanced privacy rights and economic growth.

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