Towards good governance in uganda: a critical analysis of the role played by judiciary in promoting rule of law from a constitutional perspective

This piece of work explores the role of judiciary in promoting rule of law in Uganda from the constitutional perspective. The problem of the study is that whereas the judiciary is the custodian of the constitution, the defender of human rights and freedoms of the people, the promoter of rule of law and good governance, due to subtle and direct interferences with its independence by the executive and legislature, the judiciary lacks the requisite independence to promote rule of law. The main hypotheses are that the judiciary in Uganda is not independent and that fundamental weaknesses underlie the current legal regime which governs the judiciary thus hampering the execution of its role in promoting rule of law. Using documentary review, interviews, sampling, observation and focus group discussion, the hypotheses tested positive. The study analyses the historical background, politics and governance issues surrounding the judiciary in Uganda from the colonial era todate. It examines the literature on the study which brings to light that only an independent judiciary can promote rule of law. It also refers to constitutional provisions in Kenya which could as a basis for reflection and revelation of a web of principles, practices and structures conducive for the proper functioning of the judiciary. The study also takes a keen look at the challenges faced by judiciary in Uganda. The study finds that the constitutional provisions in place are adequate but enforceability is inadequate which hinders the applicability of the rule of law in Uganda. Secondly, that the judiciary in Uganda lacks independence which is fundamental for any judiciary to effectively promote rule of law.