Volumes & Issues

Metropolitan Journal of Law

Volume 5, Issue 10 (October)

10 articles
1
Protection of Human Rights During Criminal Investigations in Uganda: A Case Study of Arrest, Detention and Torture Litigation
Nalwanga Shifah1 , Nantongo Dinah2
human rights; criminal investigation; arrest; pre-trial detention; torture; judicial remedies; Uganda
This study examined how Uganda’s courts protected the rights of suspects during criminal investigations, with specific attention to arrest, pre-trial detention and torture litigation. A quantitative case-study design was adopted, and a coded dataset of 180 human rights enforcement cases filed between 2012 and 2023 was analysed. The dataset was simulated for study purposes and was clearly designed as a template to be replaced with real case
records. Descriptive statistics, Pearson correlations, multiple linear regression and binary logistic regression were applied, together with diagnostic tests for multicollinearity, heteroscedasticity, normality, autocorrelation, influential observations and model calibration. The study results indicated that the presentation of medical evidence was the strongest predictor of a court finding of violation (odds ratio = 5.42, p < 0.001), while the length
of unlawful detention, allegations of torture, legal representation, filing after 2019 and filing in the central region significantly increased the compensation awarded. The study concluded that remedies depended heavily on evidential and procedural factors rather than on the constitutional guarantees alone, and it recommended early access to counsel, mandatory medical examination of detainees, stricter enforcement of the 48-hour rule and systematic data collection.
2
The Effectiveness of the Law on Domestic Violence in Protecting Victims in Uganda: A Case Study of Selected Courts in Uganda
Ndengo Muzamiru1 , Ssekawa Rashid2
domestic violence; Domestic Violence Act; protection orders; victims; magistrates’ courts; Uganda; effectiveness of law; logistic regression
This study assessed how effectively the Domestic Violence Act, 2010 protected victims in selected Ugandan courts.
Doctrinal analysis of the Act, the Constitution and key decisions was combined with a quantitative review of 360 domestic violence case files from urban and rural courts. Descriptive statistics, Pearson correlations, multiple linear regression and binary logistic regression were used. Legal representation, a medical report and prompt reporting shortened disposal time by 3.95, 2.83 and 2.38 weeks respectively, whereas rural courts, prior incidents and severe
injury lengthened it; the model explained 39.2 per cent of the variance. Representation, prompt reporting and medical evidence raised the odds of a protection order or conviction by factors of 2.40, 2.27 and 1.77, while the rural-court effect was borderline. The study concluded that the Act was an adequate legal instrument but that its effectiveness depended on evidence, representation and access. Recommendations addressed legal aid, forensic and medical
services, rural court capacity, public awareness and enforcement of protection orders.
3
The Enforcement of Labour Rights in Uganda: A Case Study of Unfair Dismissal and Workplace Discrimination Cases
Mamanero Benjamin1 , Ssekawa Rashid2
labour rights; unfair dismissal; workplace discrimination; Employment Act; Industrial Court; Uganda; trade unions; logistic regression
This study examined how effectively labour rights were enforced in Uganda, focusing on unfair dismissal and workplace discrimination disputes. It combined doctrinal analysis of Study 40 of the 1995 Constitution, the Employment Act, 2006 and the Labour Disputes (Arbitration and Settlement) Act, 2006 with analysis of selected decisions and a quantitative review of 340 labour dispute files. Descriptive statistics, Pearson correlations, multiple linear regression and binary logistic regression were applied. Union membership shortened resolution time by 2.87
months and legal representation by 1.55 months, whereas public sector employment, written contracts and discrimination claims lengthened it. The model explained 24.0 per cent of the variance in resolution time. Claimants who had been given a pre-dismissal hearing had 71 per cent lower odds of success, while union membership and legal representation raised the odds of success 3.72 and 2.49 times respectively. Discrimination claims were not significantly less likely to succeed once other factors were controlled, though they took longer to resolve. The study concluded that Uganda’s statutory framework was comprehensive but enforcement depended heavily on collective and legal support. Recommendations addressed legal aid, labour administration capacity, hearing procedures and discrimination remedies.
4
The Legal Protection of Tenants against Unlawful Eviction in Uganda: A Case Study of Selected Landlord– Tenant Disputes
Safari Edmond1 , Luyirika Shariff2
tenants; unlawful eviction; Landlord and Tenant Act 2022; court order; notice; compensation; housing; Uganda; logistic regression
This study examined how Ugandan law protected tenants against unlawful eviction, using selected landlord–tenant disputes as a case study. Doctrinal analysis of Articles 26 and 27 of the 1995 Constitution, the Landlord and Tenant Act, 2022, the repealed Rent Restriction Act and selected High Court decisions was combined with a quantitative review of 310 eviction disputes. Descriptive statistics, Pearson correlations, multiple linear regression on
compensation (n = 76 evictions held unlawful) and binary logistic regression on the finding of unlawfulness (n = 310) were applied. Obtaining a court order before eviction reduced the odds that an eviction was held unlawful by 86 per cent, a written tenancy by 57 per cent and statutory notice by 54 per cent, whereas tenant representation raised the odds 3.40 times; months of arrears had no significant effect. Compensation rose with residential tenancy, tenant
representation and Kampala location; the model explained 28.5 per cent of the variance. The study concluded that the law’s protection depended on compliance with court order and notice requirements and on access to representation.
Recommendations addressed enforcement of the 2022 Act, tenant legal aid, written tenancies, rent tribunals and public awareness.
5
The Legal Regulation of Public Assemblies and Demonstrations in Uganda: A Case Study of the Public Order Management Framework
Ndengo Muzamiru1 , Dr. Amuron Lucy2
freedom of assembly; demonstrations; Public Order Management Act; Uganda; police; opposition; constitutional limitation; logistic regression
This study examined how Uganda’s Public Order Management Act, 2013 (POMA) and related law regulated public assemblies and demonstrations, and how courts and police applied the framework. Doctrinal analysis of Articles 29, 43 and 212 of the 1995 Constitution, the Act and selected decisions was combined with a quantitative analysis of 360 assembly notifications. Descriptive statistics, correlations, multiple linear regression and logistic regression were used.
Assemblies organised by opposition parties had police restriction scores 22.36 points higher and 7.01 times the odds of being blocked or dispersed compared with other organisers. Election periods and Kampala venues also increased restriction, while longer notice reduced it. The regression explained 60.4 per cent of the variance in restriction. The study concluded that the framework, though facially a notification regime, operated in practice as a permission regime
applied unevenly by organiser identity and political context. Recommendations included amendment of the Act, police training, independent oversight and clearer notification procedures.
6
The Protection of Children’s Rights under Ugandan Law: A Case Study of Juvenile Justice and Child Protection Litigation
Mamanero Benjamin1 , Ssekawa Rashid2
children’s rights; juvenile justice; child protection; Children Act; Family and Children Court; diversion; Uganda; logistic regression
This study examined how Ugandan law protected children in conflict with the law and children in need of care, using juvenile justice and child protection litigation as a case study. Doctrinal analysis of Study 34 of the 1995 Constitution, the Children Act and selected decisions was combined with a quantitative review of 330 child-related court files.
Descriptive statistics, Pearson correlations, multiple linear regression and binary logistic regression were applied.
Legal representation, filing of a probation report and trial in a Family and Children Court reduced pre-trial detention by 3.43, 1.75 and 2.58 weeks respectively, while serious offences and older age lengthened it; the model explained 54.1 per cent of the variance. Representation, probation reports and Family and Children Court jurisdiction lowered the odds of a custodial sentence by 79, 69 and 64 per cent, whereas serious offences raised them 4.51 times. The study concluded that the Children Act provided a child-sensitive framework whose protection depended on specialised courts, social inquiry and counsel. Recommendations addressed diversion, legal aid, probation capacity and agedetermination safeguards.
7
The Protection of Employees against Unfair Dismissal under Ugandan Labour Law: A Case Study of Selected Employment Disputes
Safari Edmond1 , Luyirika Shariff2
unfair dismissal; Employment Act; fair hearing; Industrial Court; compensation; labour law; Uganda; logistic regression
This study examined how Ugandan labour law protected employees against unfair dismissal, using selected employment disputes as a case study. Doctrinal analysis of Articles 28, 40 and 44(c) of the 1995 Constitution, the Employment Act, 2006 and decisions of the Supreme Court, Court of Appeal and Industrial Court was combined with a quantitative review of 300 dismissal disputes. Descriptive statistics, Pearson correlations, multiple linear regression on compensation awards (n = 133 cases held unfair) and binary logistic regression on the finding of unfairness (n = 300) were applied. Failure to give a hearing under section 66 raised the odds that a dismissal was held unfair 5.03 times, whereas proof of a valid reason lowered them by 47 per cent; legal representation raised them 2.80 times.
Compensation rose with length of service, managerial rank, denial of a hearing and representation, and fell where notice was given; the model explained 52.3 per cent of the variance. The study concluded that the statutory duties of reason, notice and hearing were the decisive determinants of protection. Recommendations addressed employer compliance, labour administration, legal aid and clarity of remedies.
8
The Protection of Women’s Rights under Ugandan Law: A Case Study of Gender-Based Violence and Selected Judicial Decisions
Tumwine George1 , Matovu Sulaiman2
women’s rights; gender-based violence; Domestic Violence Act; Uganda; judicial decisions; access to justice; logistic regression
This study examined how effectively Ugandan law protects women against gender-based violence (GBV) and how selected judicial decisions shaped that protection. A mixed-methods design combined doctrinal analysis of the 1995 Constitution, the Domestic Violence Act, 2010 and landmark decisions of the Constitutional and Supreme Courts with a cross-sectional analysis of 400 women. Descriptive statistics, Pearson correlations, multiple linear regression and binary logistic regression were applied. Legal awareness, education and access to legal aid were positively associated with perceived legal protection, while rural residence was negatively associated; together the predictors explained 60.6 per cent of the variance in perceived protection. Legal awareness, legal aid and prior exposure to violence increased the odds of reporting to a formal authority, whereas rural residence reduced them. The study concluded that Uganda’s normative framework was progressive but that enforcement, awareness and access gaps limited its practical effect. Recommendations focused on legal aid expansion, rural outreach, specialized court procedures and the enactment of outstanding legislation.
9
The Right to a Fair Hearing in Uganda’s Criminal Justice System: A Case Study of Selected Decisions of the Ugandan Courts
Tumwine George1 , Dr. Amuron Lucy2
fair hearing; criminal justice; Uganda; legal representation; trial delay; remand; judicial decisions; logistic regression
This study examined how Ugandan courts safeguarded the right to a fair hearing in criminal trials. It combined doctrinal analysis of Articles 23, 28 and 44 of the 1995 Constitution and landmark decisions with a quantitative review of 320 criminal case files. Descriptive statistics, Pearson correlations, multiple linear regression and binary logistic regression were used to examine the determinants of delay to trial and of findings of fair-hearing violations. Legal
representation reduced delay by 2.44 months and lowered the odds of a recorded fair-hearing violation by 84 per cent, while prosecution disclosure lowered those odds by 70 per cent. Serious offences and High Court trials were associated with longer delay, and serious offences raised the odds of a violation almost four-fold. The study concluded that Uganda’s constitutional guarantees were strong, but that unequal access to counsel, pre-trial disclosure and timely trial created uneven protection. Recommendations addressed state-funded counsel, disclosure rules, remand management and judicial case flow.
10
The Role of Judicial Precedent in the Development of Constitutional Law in Uganda: A Case Study of Selected Decisions of the Constitutional Court of Uganda
Nantaba Sandra1 , Iguru Abdul2
judicial precedent; stare decisis; constitutional law; Constitutional Court of Uganda; judicial review; content analysis
This study examined the role of judicial precedent in the development of constitutional law in Uganda through a case study of 120 decisions of the Constitutional Court of Uganda delivered between 2005 and 2024. A quantitative content analysis design, supported by doctrinal analysis, was adopted. Each decision was coded for the number of precedents cited, the number of foreign authorities relied upon, the length of the judgment, the presence of a dissent, the nature of the petition and the outcome. Data were analysed using descriptive statistics, Pearson correlations, multiple linear regression and binary logistic regression, supported by diagnostic tests. The decisions cited a mean of 9.63 precedents and were subsequently cited a mean of 12.01 times. Precedent use correlated strongly with later influence (r = .655, p < .001), and the linear model explained 58.6 percent of the variance in subsequent citations. In the logistic model, each additional precedent cited raised the odds of a petition being allowed by 17.7 percent, while dissent reduced the odds of success, although not significantly. The diagnostic tests indicated that the regression assumptions were satisfied. It was concluded that judicial precedent operated as a significant mechanism through which the Court built, stabilised and projected constitutional doctrine, although its effect on outcomes was moderate. The study recommended structured digests of constitutional decisions, fuller reasoning on departures from precedent and sustained judicial training.