School of Law (S.Law) Collections

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    Assessing the extent of Uganda'a implementation of East African Community treaty obligations on cross-border legal practice
    (Makerere University, 2026) Omara, Tonny
    The East African Community Treaty and the Protocol on the Establishment of the East African Common Market impose binding obligations on Uganda to liberalize cross-border legal practice. Uganda committed to eliminating barriers by 2015, yet remains non-compliant more than a decade beyond that deadline, its Advocates Act continuing to exclude lawyers trained outside Uganda from the Bar. This dissertation critically examines Uganda's implementation failures, analysing their causes and identifying reforms necessary to achieve compliance. Using a doctrinal methodology, the study analyses the EAC Treaty framework, the Common Market Protocol and its Annex V, and Uganda's domestic legal framework, assessing their compatibility with Uganda's regional obligations. The study finds that non-compliance stems from four interconnected obstacles: political and legislative inertia, economic protectionism, nationalist resistance, and constitutional constraints on treaty domestication. Drawing on comparative analysis of the EU, ECOWAS, and SADC frameworks, the study concludes that Uganda's domestic laws are fundamentally incompatible with its Treaty obligations and recommends a phased programme of legislative, institutional, and policy reforms – including targeted amendments to the Advocates Act, reform of the Law Council's mandate, and strengthened EAC-level enforcement. The obstacles to compliance, while significant, are surmountable, and the benefits of regional legal integration substantially outweigh the costs.
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    Criminal law and procedure in East Africa: a comparative legal practice guide
    (Suigeneris Publishing House, 2026) Lubogo, Isaac Christopher
    Criminal law defines conduct prohibited by the state as an offence against the public, as distinct from civil law, which governs disputes between private parties. Across East Africa, criminal law derives from a layered set of sources reflecting the region's colonial inheritance, its post-independence constitutional development, and its engagement with international and regional human rights standards.
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    Land transactions in East Africa: a comparative legal practice guide
    (Suigeneris Publishing House, 2026) Lubogo, Isaac Christopher
    The land tenure systems of East Africa represent one of the most complex and contested areas of legal practice in the region. Understanding the historical evolution of these systems is essential for any legal practitioner advising on land transactions, as the historical context determines the legal character of land rights, the applicable regulatory framework, and the potential risks associated with any transaction. This Chapter traces the evolution of land tenure from pre-colonial customary systems through colonial imposition to the post-independence and contemporary constitutional frameworks. The comparative analysis covers Uganda, Kenya, Tanzania, Rwanda, Burundi, and South Sudan, with reference to the East African Community (EAC) harmonization agenda.
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    Family law and succession in East Africa
    (Suigeneris Publishing House, 2026) Lubogo, Isaac Christopher
    Family law in East Africa is derived from multiple sources, reflecting the region's colonial history, religious diversity, and rich customary traditions. This Chapter examines the sources and nature of family law across the EAC member states.
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    The political economy of sugar in Uganda: history, law, investment, competition and the future of the industry
    (Suigeneris Publishing House, 2026) Lubogo, Isaac Christopher
    Uganda's sugar industry is best understood as a single integrated ecosystem n which land tenure, sector-specific licensing, competition policy, environmental compliance, fiscal treatment and regional trade policy all bear directly on the terms available to out growers and on the sustainability of the sector's expansion. Reform confined to any one of these domains — a licensing amendment here, a tax incentive there — will underperform a coordinated approach that treats them as a single system, because the sector's principal problems (weak out grower bargaining power, recurring land conflict, uneven environmental compliance, under-diversified by- products) share common structural roots rather than arising independently in each domain. First, the out grower's bargaining position is structurally weak for reasons that persist regardless of the specific contract terms negotiated: cane perishability forecloses realistic search for alternative buyers, licensing typically leaves only one economically accessible mill per catchment, and input-credit dependency ties the household to the advancing mill. Second, the sector's land conflicts, most visibly at Amuru and in the wider northern belt, arise predominantly from inadequate prelicensing verification of customary consent rather than from any single defect inUganda's land law as written. Third, environmental compliance, illustrated by the Bugoma controversy, is undermined less by gaps in the formal impact assessment framework than by fragmented institutional coordination between the licensing and environmental authorities. Fourth, by-product diversification into ethanol and other higher-value streams remains constrained primarily by sub-scale individual mill economics rather than by any absence of technical know-how. Fifth, Uganda's use of available trade-policy tools — anti-dumping measures, coordinated regional tariff diplomacy — has been comparatively passive relative to the tools formally available. This book's reform agenda, developed in full in Part XVIII, centres on five priorities: publishing and confirming the precise statutory text of the 2025Sugar Act amendment and regulations to remove current citation uncertainty; conditioning all new plantation and mill licensing on documented, verifiable customary consent and joint sign-off between the Ministry of Trade and the National Environment Management Authority; capitalising the National Sugar Research Institutetoclose the estate–outgrower yield gap; establishing an independent, accessible grievance mechanism for both land-consent and cane-pricing disputes; and convening a coordinated national by-product strategy through the Stakeholder Council to achieve the scale that individual mills cannot reach alone.