Private prosecutions and the administration of criminal justice in Uganda

Abstract

Private Prosecution is a major cornerstone in the administration of criminal justice in Uganda. It is not only important in guaranteeing access to justice but also critical in ensuring flexibility in the administration of criminal justice and addressing the wrongs which the public prosecutions authority has not taken action upon. Nevertheless, important as it may be, the conduct of private prosecutions without adequate checks and balances can be inimical to the administration of justice and vitrines as hitch to the constitutionally established prosecutorial establishments. This thesis is a dissection of the effectiveness of private prosecutions in the administration of criminal justice in Uganda amidst the parallel role played by the Director of Public Prosecutions as the principle prosecutorial authority in Uganda. The author traces the historical background of private prosecutions, analyses the law and guidelines governing private prosecutors in Uganda. The author examines the impasses attributed to the practice and evaluated the impact of the interference of the Director of Public Prosecutions in the same. The qualitative research design was adopted with the research population primarily being Judicial officers, State Attorneys/Prosecutors, Advocates in private Practice, accused persons and members of the general public. The purposive or judgmental sampling technique was used in the selection of the said participants. It is argued that the existing legal threshold and other safeguards meant to check the exercise of prosecutorial power in Uganda are inadequate and need buttressing. To enhance the existing safeguards, the author makes several recommendations to improve the effectiveness and mitigate the abuse in the conduct of private prosecutions in the administration of criminal justice in Uganda.