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ItemAssessing the legality of ‘use of force’ against heads of states under international law(Makerere University, 2026)This dissertation examines the legality of the ‘use of force’ against Heads of State under International Law, focusing on how contemporary state practice has tested and, at times, strained the Charter-based framework governing the use of force. The study further finds that immunity provides only limited protection. While personal immunity shields incumbent Heads of State from foreign jurisdiction, it regulates accountability rather than the legality of military force. This creates a structural gap: Heads of State enjoy extensive protection from judicial processes but not equivalent protection from coercive force. Although sovereignty, political independence, and non-intervention indirectly constrain leadership-targeted operations, such force may still be justified under recognised exceptions, including self-defence and Security Council authorisation, leaving its legality uncertain. The study also identifies an unresolved tension between sovereignty and accountability. Although International Criminal Law increasingly promotes accountability for state leaders, it does not clarify whether force may be used to achieve that objective. Instead, states continue to justify leadership-targeted operations through existing doctrines such as self-defence, counter-terrorism, and humanitarian protection. While these practices challenge traditional assumptions, they have not established a new legal norm permitting such force, and international responses remain inconsistent and politically influenced. The study therefore concludes that the protection of Heads of State remains indirect, fragmented, and contested. Although sovereignty, political independence, and immunity impose important legal constraints, they do not create a comprehensive prohibition on leadership-targeted force. Nevertheless, the continued reliance on Charter-based justifications confirms the enduring normative authority of the prohibition on the use of force and the principle of sovereignty. Violations of the prohibition of the use of force principally engage the responsibility of the injured State, while the Head of State, as the immediate target and victim of the operation, enjoys no corresponding individual remedy under the regime. This disconnect exposes an important normative gap between the individual harm suffered and the collective, inter-State mechanisms through which International Law responds to unlawful uses of force. The study contends that leadership-targeted force exposes under-theorised tensions within the existing legal framework, raising distinct questions concerning sovereignty, attribution, immunity, accountability and the limits of lawful self-defence. It concludes that although the Charter regime remains formally intact, its interpretation is undergoing a gradual and contested evolution driven by emerging state practice and shifting security paradigms.
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ItemAbuse of the concept of legal personhood: the case of single-member companies(Makerere University, 2026)This study examines the implications of granting legal personhood to single-member companies (SMCs) within Uganda’s corporate framework. The enactment of the Companies Act, Cap 106, which permits individuals to establish companies independently, marks a significant reform intended to expand entrepreneurial opportunities and formalize sole proprietorships. While SMCs offer notable benefits, including limited liability, simplified entry into the formal economy, and enhanced access to credit, their unique structure raises complex concerns about governance, accountability, and potential misuse of corporate personality. The research employs a qualitative doctrinal methodology, relying on statutory analysis, case law, and secondary sources to examine the principles of corporate legal personality and the doctrine of piercing the corporate veil in Uganda. It also includes a comparative component, drawing lessons from the United Kingdom, South Africa and Nigeria that recognize and regulate single-member companies. Key findings indicate that although Uganda’s Companies Act provides for SMCs, weak enforcement, limited regulatory capacity, and concentrated shareholder control heighten the risk of abuse. Common abuses include misuse of company assets, fraudulent transactions, and evasion of liabilities, often facilitated by blurred lines between personal and corporate identities. A comparative analysis shows that jurisdictions with stronger disclosure requirements, creditor protections, and director accountability measures are better equipped to mitigate these risks. This dissertation addresses a critical research gap: the limited scholarly and policy attention given to SMC vulnerabilities in Uganda’s developing economy. By highlighting the inadequacies of current governance and enforcement structures, the study underscores the need for targeted reforms—such as stricter reporting obligations, enhanced regulatory oversight, and adoption of international best practices—to safeguard the integrity of corporate personhood in single-member entities.
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ItemA critical analysis of the applicability of customary international law in Uganda: the case of Uganda Vs Thomas Kwoyelo(Makerere University, 2026)This research critically analysed the legal implications surrounding the applicability of Customary International Law (CIL) in Uganda, a state rooted in the dualist tradition. The research investigates the domestic legal regime governing the reception of CIL, focusing on the inherent tension between the state's international obligation to prosecute grave crimes and its constitutional commitment to the principle of legality (nullum crimen sine lege). The legal crucible examined is the landmark case of Uganda v. Thomas Kwoyelo, where the International Crimes Division of the High Court relied on uncodified CIL to charge the accused with war crimes. Using a doctrinal and analytical research approach, supported by qualitative data, the research assesses whether the direct judicial application of CIL in the criminal case of Uganda v. Thomas Kwoyelo compromises the constitutional safeguard of legality. The findings revealed that the judicial decision to directly apply uncodified CIL, while crucial for advancing accountability during a legal lacuna, created significant legal uncertainty. This approach challenged a strict, formalist interpretation of the principle of legality under the 1995 Constitution. This outcome highlights a systemic weakness in Uganda's domestication framework for International Criminal Law (ICL), particularly regarding the mandatory requirement for certainty and clarity in criminal statutes. The research concludes by recommending the urgent codification and domestication of core aspects of customary international criminal law to enhance legal clarity, certainty, and consistency. This action would successfully safeguard fundamental constitutional rights while simultaneously ensuring the effective and legitimate prosecution of mass atrocities in the future. The originality of this research lies in its critical synthesis of strict adherence to legality and TWAIL to resolve the dualist dilemma. By applying a TWAIL lens, the study critically deconstructs the dualist dilemma, examining how post-colonial domestic courts can balance universal human rights accountability with localized constitutional integrity without yielding to arbitrary judicial legislation. Ultimately, the research concludes by recommending urgent legislative reform centered on the prospective codification and complete domestication of remaining core customary international crimes. By enacting comprehensive domestic statutes that clearly define customary international offenses and their corresponding penalties, Uganda can bridge the structural gap between municipal law and international accountability norms. Implementing these statutory reforms will eliminate future legal ambiguities, safeguard fundamental rights to a fair trial, and ensure that the domestic prosecution of mass atrocities remains both constitutionally legitimate and internationally compliant.
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ItemThe impact of land tenure insecurity on land management in Uganda(Makerere University, 2026)Land remains one of the most contested and vital resources in Uganda, underpinning livelihoods, identity, and socio-economic development. However, land governance in Uganda is fraught with challenges. These include: overlapping tenure systems, weak institutional frameworks, gender inequality, and increasing pressure from large-scale land acquisitions. This study presents a critical examination of the Land Management legal framework in Uganda, with a particular focus on how international legal instruments influence national land policy, tenure security, and equitable access to land. The study was grounded in a multi-theoretical framework that included Legal Pluralism Theory, Conflict Theory, the Human Rights Theory of Libertarianism, the Egalitarian Theory of Justice, and the Negotiating Power Theory. These theoretical perspectives provided a robust analytical lens for understanding how legal systems, power dynamics, and socio-economic inequalities shape land relations and conflicts. The study highlighted that while classical theories emphasize equality and justice, they often overlook the structural loopholes within legal systems that perpetuate land-related injustices. The Negotiating Power Theory, in particular, underscored how access to land is mediated by individuals’ ability to navigate and manipulate legal and institutional frameworks, often to the detriment of marginalized groups. A comprehensive review of international and regional legal frameworks revealed that Uganda is party to numerous instruments that promote responsible land governance, gender equality, and environmental sustainability. These include the FAO Voluntary Guidelines on the Responsible Governance of Tenure (2012), the African Union’s Framework and Guidelines on Land Policy in Africa (2010), the UN Declaration on the Rights of Indigenous Peoples (2007), and the Protocol to the African Charter on the Rights of Women in Africa (2003), among others. These instruments call for the recognition of customary tenure, the protection of women’s land rights, and the integration of land issues into broader development and environmental strategies. Despite Uganda’s formal commitment to these frameworks, implementation remains inconsistent. The study found that gaps in enforcement, limited public awareness, and entrenched socio-political hierarchies continue to undermine the realization of equitable land governance. Conclusively, aligning Uganda’s domestic legal framework with its international obligations, while addressing the socio political realities on the ground, is essential for achieving sustainable and inclusive land management.
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ItemAn analysis of the legal and regulatory challenges in the implementation of Islamic banking in Uganda(Makerere University, 2026)This study explores the effectiveness of the legal and regulatory environment surrounding Islamic banking in Uganda highlighting the challenges faced by Islamic financial institutions in aligning with Shariah principles within the broader financial sector. The rise of Islamic banking in Uganda, which gained momentum after the 2016 amendment to the Financial Institutions Act of 2004, marks a significant shift in the financial sector. This amendment allowed for the establishment of fully-fledged Islamic financial institutions and enabled existing conventional banks to integrate Islamic banking services. However, despite these regulatory advances, the integration of Islamic banking into Uganda's financial system remains incomplete, primarily due to the inadequacy of the existing legal and regulatory framework. The study identifies key legal challenges hindering the full adoption and implementation of Islamic banking in Uganda. The study found that the absence of clear regulations has led to operational inefficiencies, compliance risks, and financial exclusion for customers seeking Sharia-compliant services. Furthermore, ambiguity in dispute resolution mechanisms and insufficient investor confidence present significant barriers to the growth of Islamic finance in Uganda. Using a qualitative research methodology, the study explores the nature, context, and principles of Islamic banking and evaluates the challenges faced by financial institutions in adhering to Shariah-compliant practices. The study recommends the enactment of a specific Act of Parliament that specifically accommodates the principles of Islamic banking and finance, strengthening the role of the Bank of Uganda and other relevant regulatory bodies in monitoring Islamic financial institutions and ensuring their compliance with both national laws and international Islamic finance standards, implementing training programs for both financial institutions and regulatory bodies on the principles of Islamic banking and Shariah compliance, introducing clear, accessible, and effective dispute resolution mechanisms for Islamic banking transactions to build investor and customer confidence and avoid legal conflicts, increasing public awareness of Islamic banking products and services to reduce financial exclusion and enhance the accessibility of Sharia-compliant financial services for those who prefer them.