Bachelor of Laws - Main Campus

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A Comparative Study of the Efficacy of the Alternative Dispute Resolution Mechanisms in Uganda
(Uganda Christian University, 2024-06-12) Patience Kwagala
The study focuses on the ADR mechanisms and their efficacy in Uganda, taking into account the many techniques of conflict resolution, development, and evolution in Uganda, including traditional strategies of resolving disputes, that have led to the resuscitation of ADR, as well as its benefits and challenges. The study also examines the various types of ADR that can be used by parties and the government to resolve disputes. Chapter One of my research will look at the proposal entailing the most significant writers that stood out for me during my research. The many forms of alternative dispute resolution, such as negotiation, mediation, conciliation, and arbitration, will be covered in Chapter Two of this study along with the benefits and drawbacks of ADR in Uganda. It will also cover the main points of my research, which is to demonstrate that arbitration is the most effective alternative dispute mechanism in Uganda for resolving conflicts. Additionally, I will compare arbitration to all other dispute resolution techniques, such as negotiation, mediation, and conciliation, and demonstrate its superiority over these approaches. The non-legal features of Adr, such as the ATS, will be covered in Chapter Three of this study along with their global, regional, and, finally, Ugandan contexts. The legal aspects of alternative dispute resolution in Uganda, as well as those worldwide and some relevant case law, will be examined in Chapter Four of this study. Chapter Five will conclude with an examination of my conclusions and suggestions for enhancing Uganda's ADR processes.
A Critical Analysis of Intellectual Property Rights in the Entertainment Industry in Uganda
(Uganda Christian University, 2024-05-28) Alice Nakitende
The purpose of this study is to evaluate the applicability of copyright laws to authors and creators in Uganda. The public's negative opinions concerning the inadequate implementation of the Copyright and Neighboring Rights Act 2006 have made it difficult to enforce the law, even with government efforts to facilitate its enactment. This research centers on infringement acts, their causes, the difficulties enforcement agencies encounter, and tactics and methods to enhance their application and pertinence in safeguarding the rights of musicians. The study's findings aim to ascertain if Uganda's copyright laws have been sufficient and current enough to shield copyright and related rights holders from infringement. The focus of this research stems from the reality that very few musicians receive a substantial revenue from the sale of their work through various channels. This phenomenon is mostly related to music piracy, which continues to be a source of great distress for numerous authors and copyright holders in Uganda. A legislative framework that would allow artists to benefit from their hard work would be created by the World Intellectual Property Organization and its member states. Significant progress has been made in developed nations such as the United States and Europe, but in Uganda, where pirated music is ubiquitous throughout Kampala's streets, piracy and infringement appear to be persistent issues that could last for years to come.Inspite of the law’s enactment, infringement appears to be increasing. This research will seek to examine the relevance of copyright law in curbing infringement in the music industry and reasons why infringement seems to be on the rise despite the law being enacted. The research will be considering these problems while trying to come up with practical solutions to help the state perform its duty to protect the rights of the musicians, thus the measures to improve on the copyright law enforcement in different ways and its implementation methods in order to enhance its usage and relevancy and create awareness about infringement and its emerging legal issues by finding credible long term and short term solutions to such problems as may be discovered.
A Critical Analysis of Intellectual Property Rights in the Entertainment Industry in Uganda
(Uganda Christian University, 2024-05-19) Alice Nakitende
This study focuses on assessing the relevance of copyright law to Ugandan musicians. Despite the government efforts in enacting and facilitating the Copyright and Neighbouring Rights Act 2006, its relevance and enforcement has remained unclear due to the negative public attitudes towards its poor implementation. The study focuses on such attitudes, infringement acts, its causes, challenges faced by enforcement agencies and to propose strategies and ways to improve its usage and relevancy in its role to protect the musicians’ rights. Findings from the study are targeting to discover whether the copyright laws in Uganda have been relevant and adequate enough to protect the owners of copyright and related rights against infringement. The emphasis of this research come from the fact that very few musicians make a worth-while income from sales of their music in different channels, this seems to be attributed to music infringement which remains a living night mare for many artists in Uganda. The World Intellectual Property Organisation and Member states have devised a legal regime that would afford the protection of artists to realize from the fruits of their labour. While in some developed countries, tremendousachievements have been realized, like in America and European countries, however the story seems to change in Uganda since piracy /infringement seems to be still a reality that threatens to be with us for many years to come as pirated music is found in Uganda everywhere on streets of Kampala. This research will seek to examine the relevance of copyright law in curbing infringement in the music industry and reasons why infringement seems to be on the rise despite the law being enacted. The research will be considering these problems while trying to come up with practical solutions to help the state perform its duty to protect the rights of the musicians, thus the measures to improve on the copyright law enforcement in different ways and its implementation methods in order to enhance its usage and relevancy and create awareness about infringement and its emerging legal issues by finding credible long term and short term solutions to such problems as may be discovered.
A Critical Analysis of the Human Assisted Reproductive Technology Bill, 2023
(Uganda Christian University, 2024-06-23) Maria Mirembe Aliba
This study is about Assisted Reproductive Technology, a cure for both primary and secondary infertility. Uganda has no law that provides for ART however a bill was brought by Hon.Sarah Opendi to provide got a legal framework for ART. The author in this thesis, critically anayzed the Human Assisted Reproductive Technology Bill, 2023 from a human rights perspective.
A Critical Analysis of the Legal Aspects of Syndicated Loans in Financial Institutions in Uganda
(Uganda Christian University, 2024) Leenicy Nimusiima
A Critical Analysis of the Observance of Human Rights of Prisoners by Uganda Prison Service
(Uganda Christian University, 2024-05-07) Precious Mary Namugere
This dissertation explores the treatment of prisoners in Uganda while focusing on prisons in Jinja District. It aims to understand how well the prisons in Jinja respect the prisoners’ rights. I initially expected to find many cases of violations of Prisoners’ rights as often reported in the media; however, through the interviews with prisoners and wardens, I discovered that prisons in Jinja District are generally doing a good job observing these rights. As the inmates reported that they have access to adequate food, medical care and are treated with respect. Overall, the research shows that also though Jinja prisons may still have some areas that need improvement, they have done a fairly good job in protecting the prisoners and this indicates that its possible for all prisons in Uganda to protect the prisoners in their custody.
A Critical Analysis of Why Female Employees That Are Subjected to Sexual Harassment Do Not Come Out to Report Such Cases
(Uganda Christian University, 2024-06-10) Resty Nazziwa
The workplace is meant to be conducive without vices like sexual harassment. Even when employees are sexually harassed, they are expected to come out and make complaints against their employers as different laws, that is to say, Criminal, Civil, International, and regional Instruments all provide for a remedy to the aggrieved employees. However, in reality, despite the existence of laws that protect them against sexual harassment, female employees end up remaining silent and not coming out to make complaints against such employers. This research is hence to be beneficial in a way that it is going to identify different reasons as to why female employees remain silent even when they are sexually harassed and as well come up with recommendations on how to make them speak out. Among the reasons why female employees do not report sexual harassment cases are delays in awarding remedies to the victims that come out to report, the fear of consequences that come with reporting, and the high burden placed on the victim in proving the sexual harassment among others. To overcome this problem, therefore, there is a need for the government through the parliament to amend the Penal Code Act to criminalize sexual harassment. Because Criminal law comes up to punish the convict, with many of them being punished, many female employees will get the guts to come out to report with a view that the convicts will be punished. Female employees who are subjected to sexual harassment should accept that the act is evil and they should in case they have some evidence keep it thoroughly. This will enable them to easily prove such cases and as a result, the employers found guilty will be penalized. This will give guts to many employees to come up and complain in case they are sexually harassed at their places of work as they will have a belief that remedying them will be possible.
A Study on the Effectiveness of Law and Policies on Domestic Violence Regarding Men
(Uganda Christian University, 2024-05-14) Karungi Irene Kemigisa
This paper discusses the effectiveness of the laws and policies on domestic violence regarding men. There is an increase of reported cases of domestic violence by male victims to the various organizations with authority to handle the matters like the police stations, and non-governmental organizations among others. The thesis further discusses the various laws both national and international on domestic violence regarding men as well as the national policies and the legal institutions that uphold the laws and policies. The paper also discusses the causes, effects of domestic violence, the limitations of why men remain in those violent relationships, summaries and recommendation.
An Analysis of the Constitutionality of Bail Pending Appeal in Light of the Supreme Court Decision in the Case of Arvind Patel Versus Uganda
(Uganda Christian University, 2024-05-20) Regan Taremwa
Article 23(6) of the Constitution of Uganda 1995, as Amended provides that an arrested person is entitled to apply to court for bail. However, it is silent on the issue of bail pending appeal. Bail pending appeal is provided for in the Magistrates Courts Act, the Judicature Act and the Criminal Procedure Code Act. Although the Supreme Court in Arvind Patel vs Uganda SCCA No.1 of 2003, provided criteria for the granting bail pending appeal, some high court and Court of Appeal judges, who are bound by the decisions of the Supreme Court, have ignored these criteria. There are conflicting Court of Appeal and Supreme Court judgements on the question of whether Article 23(6) is applicable to bail pending appeal and whether the right to be presumed innocent is applicable to a person who is applying for bail pending appeal. There are notable controversies in the rich jurisprudence of the Supreme Court on bail pending appeal as set in Arvind Patel vs Uganda. Take for instance, In October 2020, one of the justices of the Supreme Court held that the Supreme Court does not have jurisdiction to grant bail pending appeal and that Rule 6(2)(a), which empowers the Supreme Court to grant bail pending appeal, is unconstitutional thus noted that the decision in Arvind Patel vs Uganda was wrongly decided. In November 2020, another Supreme Court justice granted an applicant bail pending appeal affirming the decision in Arvind Patel vs Uganda. This paper seeks to examine the jurisprudence developed by the courts of Uganda on the grant of bail pending appeal with a look at Arvind Patel vs Uganda by focusing on the courts with jurisdiction to grant bail pending appeal; the right to bail pending appeal; the presumption of innocence and bail pending appeal; and conditions for granting bail pending appeal.
An Analysis of the Domestic Implementation of Environmental Impact Assessment Within Uganda’s Environmental Regulatory Frame Work
(Uganda Christian University, 2024-07-01) Hillary Fimarubo
This study looks at how Uganda's environmental regulatory structure uses Environmental Impact Assessments (EIAs) on a domestic level. An essential instrument for evaluating and controlling the possible effects that planned development projects may have on the environment and society is the environmental impact assessment. This report seeks to assess the EIA process's problems and efficacy in Uganda, pinpoint any implementation gaps, and remedies. First of all, An overview of the environmental regulations in Uganda and the significance of Environmental Impact Assessments. What an environmental impact assessment is and its goals. An overview of Uganda's pertinent environmental impact assessment laws, policies, and institutional regulation frame work. An explanation of the main government agencies in charge of directing and carrying out the EIA procedure. Suggestions for Improvement: Plans to reinforce Uganda's environmental regulatory framework's internal EIA implementation increasing technical capability by sharing of knowledge and training supplying sufficient funds and resources to ensure successful execution strengthening compliance monitoring and enforcement systems. enhancing stakeholder interaction and public involvement. In summary, an overview of the analysis's main conclusions and suggestions is provided. Effective EIA implementation is crucial for Uganda's sustainable development. Demand more investigation and ongoing enhancements to the EIA procedure.
An Analysis of the Effect of Business Formalization on the Economic Development of Uganda
(Uganda Christian University, 2024-06-10) Lokwii Tom Choudry
This study is about business formalization in Uganda. Business formalization occurs after business formulation. Business formulation is the process of starting a new business, while Business Formalization is the process of structuring and organizing a business in a formal manner, involving registration and compliance with the law. This study shows business formalization from the year 2012 till the year 2023, and was carried out through a desk review of all laws governing business Formalization in Uganda, such as the 1995 Constitution of Uganda as amended, Business Names Registration Act cap 109, Companies (General) Regulations S.I No. 7 of 2016 , Company Act 2012, Electronic Transactions Act No. 8 of 2011 , Electronic Signatures Act No. 7 of 2011 , Finance Act 2016, Uganda Registration Services Bureau Act cap 210, Uganda Registration Services Bureau Act cap 210, Stamps Act 2014 cap 342 , Stamps (Amendment) Act 2019, and Tax Procedures Code Act 2014. This study shows that business formalization contributes to the economic development of Uganda hence an advantage, for instance it increases the tax base and tax revenue, formalized businesses have easy access to financial services, enhanced market competitiveness, improved investor confidence, job creation, and regulatory compliance. Formalized businesses have an advantage over the unformalized, hence the disadvantages of none formalization include; limited access to finance, lost tax revenue by the Government of Uganda, limited market competitiveness, informal employment and lack of investor confidence. The study concludes that it is advantageous for all businesses to be formalized in Uganda, over the disadvantages of none formalization of businesses.
An Analysis of the Effectiveness of the Legal Framework on Access to Justice by Children in Juvenile Detention in Uganda
(Uganda Christian University, 2024-06-06) Deborah Watum Ajok
This study analyses the effectiveness of the legal framework on access to justice by children in juvenile detention in Uganda. It offers a background into the system and practice of juvenile detention, showing its history and development both internationally and within Uganda. It looks at the legal regime governing juvenile detention and the wider system within which children are protected. The primary laws analysed in Uganda include the Constitution, The Children’s Act as amended and all the related laws thereunder. It further looks at the international and regional instruments signed for the protection of children and for the treatment of prisoners both adult and juvenile. In order to determine the effectiveness of all the above in access to justice by children in detention, the socio-cultural framework of the country is analysed and the gaps in the enforcement of the laws are mentioned. The challenges to the access of justice of children are seen to be both legal and social, and the solutions entail a repair on both sides. The research recommends that specific laws codifying the treatment of children in juvenile detention be the priority, and a mechanism of controlling the discretion which officers exercise in juvenile matters be developed.
An Analysis of the Efficacy of Labour Laws on the Gig Economy in Uganda
(Uganda Christian University, 2024-06-18) Maria Adronah Batuusa
This study is on the efficacy of the labour law in the gig economy in Uganda. The study raised and addressed a few issues namely: whether the legal and regulatory framework on employment/labour have succeeded in protecting the gig economy in Uganda; whether there are any challenges hindering the effective implementation of the labour regulation in protecting the gig workers in Uganda and any measures available to protect the rights of workers in the gig economy. Given the interdisciplinary nature of the labour laws and gig economy, the researcher employed a qualitative method of study. Despite the growth and influence of platform work in Uganda, labour regulation, laws and policies continue to lag. Gig workers continue to face challenges which among others include issues of job security, no employment benefits or compensation, uncertain income stability, lack of social protection such as a safety net, and potential exploitation of workers among other. The specifics of these standards may vary depending on the sector and nature of work. This research notes that as the gig economy continues to evolve, there is a need for the government and relevant authorities to introduce specific regulations or guidelines to address the unique challenges of gig work and the platform workers within it.
An Analysis of the Eficacy of the Data Protection and Privacy Act, 2019 in Uganda
(Uganda Christian University, 2024-05-16) Linda Caroline Arinda
The President signed the long-awaited and desperately needed Data Protection and Privacy Bill of 2018 into law on February 25, 2019.The acquisition, storage, processing, and use of personal data by a variety of entities (including government agencies, businesses, and private institutions operating both within and outside Uganda) is regulated by the Data Protection and Privacy Act of 2019 ("the Act"). Uganda has made efforts to emulate the General Data Protection Regulation (GDPR) of the European Union, which mandates member states to safeguard the privacy and data usage rights of their citizens both inside and outside the economic bloc. As a result, the 1995 Constitution of the Republic of Uganda, in addition to the Data Protection and Privacy Act, 2019, and other legislation, fail to meet the standards of international data privacy best practices. This Act contains numerous opportunities to safeguard the Right to Privacy, but it also contains loopholes that ensure enforcement will fail
An Analysis of the Impact That Medical Malpractice Has on the Right to Health
(Uganda Christian University, 2024-06-07) Jamilah Nankwanga
This paper examines the intricate relationship between medical malpractice and the fundamental right to health. It delves into the various dimensions of medical malpractice, encompassing errors in diagnosis, treatment, and surgical procedures, and analyses their ramifications on individuals' access to quality healthcare services. By drawing upon legal frameworks, ethical considerations, and empirical evidence, this study elucidates how instances of medical malpractice can undermine patients' rights to timely, effective, and safe healthcare. Furthermore, it explores the broader societal implications, including diminished trust in healthcare systems, increased healthcare costs, and disparities in healthcare access. Through a comprehensive examination of case studies, policy interventions, and international perspectives, this paper seeks to inform stakeholders and policymakers about the multifaceted impact of medical malpractice on the realization of the right to health, ultimately advocating for reforms aimed at enhancing patient safety and promoting equitable healthcare delivery.
An Analysis of the Legal Framework of the Coffee Industry in Uganda
(Uganda Christian University, 2024-06-04) Amruh Jjuuko
Uganda boasts a robust coffee industry that’s a contributor to its national economy. This paper delves into the legal framework of this industry by focusing on the roles of the Uganda Coffee Development Authority (UCDA) as the central regulatory body by analyzing its mandate and its impact in areas such as production, processing, marketing and export. The research also focuses and explores on how the current legislation addresses quality control, farmer and workers’ rights and the sustainability of the environment. This paper aims to shed light on the existing regulations and policies as well as providing a comprehensive understanding of the legal land scape shaping Uganda’s coffee industry through an analysis of the relevant laws, policies and institutional structures. It will identify the areas of strength and those with weaknesses, offering insights for policy makers to optimize the legal frame work for continued development and success.
An Analysis of the Pari Passu Doctrine in the Insolvency Law of Uganda
(Uganda Christian University, 2024-05-24) Edrine Setimba
This study is about the analysis of the Insolvency law of Uganda in line with the doctrine of Pari passu. “Pari passu” is a Latin word which means equal footing. In Insolvency Law, the Pari passu doctrine states that when there are two competing claims of unsecured creditors and the debtor is pronounced insolvent, the claims or debts from the debtor’s remaining assets are divided on an equal basis amongst the unsecured creditors. In equity, the distribution of the assets of the debtor amongst the creditors is on equitable terms though in pari passu it is on equality terms that the debtor's assets are equally distributed without considering which debt was acquired when and who invested their funds first before the other. This study is challenging such kind of settlement of debts and it's unfair in a way that the one who gave the debtor money first is going to be settled at the same time as those who might have funded the debtor in that month before being pronounced insolvent. This study suggests the change in the law that debts should be settled on a “first in first out” basis because is this equitable and just since funds being issued in a timely manner is of the essence in businesses and the running of companies. This study has research objectives; to find out the law on the doctrine of pari passu during insolvency proceedings, to critique the practice and applicability of the doctrine of pari passu in the Insolvency law of Uganda, to propose the different ways the insolvency laws and the legislation can improve to favour all creditors. The research questions are what is the doctrine of pari passu in insolvency law? What is the law governing the insolvency doctrine of ‘pari passu’? The research uses a desk review method to research the topic and it also helps the researcher to analyze different laws and writings and critically know what other people have written in line with the topic. The research also didn’t limit the scope of the laws to only Ugandan laws but also considered looking into different jurisdictional laws to compare the different approaches to the achievement of writing a well-researched excellent research paper. The researcher at the end gives recommendations and his findings on the research paper by suggesting that some laws need to be amended while practicing insolvency.
An Analysis of the Role of the National Social Security Fund Act Towards the Attainment of Social Security in Uganda
(Uganda Christian University, 2024-07-30) Derrick John Orishaba
Social security plays a vital role in promoting economic stability, reducing poverty, and ensuring the well-being of citizens, particularly in developing countries like Uganda. This research explores the effectiveness of the National Social Security Fund (NSSF) Act in enhancing social security in Uganda. The study adopts a mixed-methods approach, incorporating qualitative and quantitative techniques to analyze the legal, institutional, and socio-economic dimensions of social security provision under the NSSF Act. Drawing on an extensive literature review and empirical data collection, including interviews, surveys, and document analysis, the research examines the coverage, accessibility, adequacy, efficiency, and effectiveness of social security provisions under the NSSF Act. Additionally, the study investigates the socio-economic, cultural, and institutional factors that influence the implementation and outcomes of the NSSF Act, as well as the challenges and opportunities for reform. The findings of this research are expected to provide valuable insights for policymakers, practitioners, and stakeholders in the social security sector, informing evidence-based policy formulation, program design, and advocacy efforts aimed at strengthening social protection systems in Uganda. Ultimately, this research contributes to the broader discourse on social security enhancement and socio-economic development in Uganda and other similar contexts.
An Analysis on the Barriers to Health Care Access in Uganda
(Uganda Christian University, 2024-06-10) Bridget Kobusinge
This study is about analyzing the barriers to healthcare access in Uganda and it was guided by four objectives namely; To analyze the international, regional and national legal and policy framework on the on the right to access health care services in Uganda, To assess the financial barriers that hinder healthcare access, To evaluate the infrastructure and resource gaps in healthcare facilities, To identify the challenges in the implementation of constitutional provisions on the right to access health care services in Uganda. Analyzing the barriers to healthcare access in Uganda is crucial for understanding the challenges faced by individuals in obtaining medical services. The abstract would delve into factors such as limited healthcare infrastructure, inadequate healthcare funding, shortage of healthcare professionals, and lack of awareness about healthcare services. By examining these barriers, we can identify potential solutions to improve healthcare access and delivery in Uganda
An Assessment of the Effectiveness of Ihl Remedies to the Civilian Population
(Uganda Christian University, 2024) Sidney Okwii
This research was done with the general objective of assessing the effectiveness of IHL remedies for the civilian population. The other objectives which were done throughout the research which include showing examples of the remedies provided, possible mechanisms, problems involved and possible solutions. In chapter two, I was able to show the legal framework governing the provision of IHL remedies to the civilian population, how the different countries apply these IHL remedies to the civilian population and the different laws that govern it in the select countries. In chapter three, I provided the right to a remedy as shown within IHL, the different principles involved with the provision of the IHL remedies.The research also showed who as a civilian is entitled to the IHL remedies, and who is liable to provide the IHL remedies to these civilians.Also within this chapter, it showed the different factors that are hindering the provision of IHL remedies to the civilians. In chapter four, I presented the summary of findings, conclusion of the research and recommendations.