An Examination and Applicability of the Doctrine of Rule of Law in Uganda

Uganda has witnessed a series of reforms since its attainment of independence on the 9th October 1962. As a new government, she was posed with the challenge of putting in place a legal order which was less similar to the former masters (British). However, the struggle for power and influence in the Ugandan politics between Mutesa 11 and Milton Obote in 1966 tore the country apart and placed it under turmoil and fear for livelihood as the power was in the Executive which exercised both Judicial and Legislative powers. There was no separation of powers and consequently no Rule of Law. This state was worsened when Iddi Amin came into power in 1971 through a military coup and established a dictatorial order in Uganda, the first of its kind on the African soil. During this era, the judiciary was at the mercy of the president and his allies and the legislative powers were intertwined with the executive. The country was governed on the principles of the President through decrees and there was nothing like the Rule of Law. Several reforms took place after his overthrow in 1978 by the Uganda National Liberation Front (UNLF) through the Uganda National Liberation Army (UNLA). The aspirations of the UNLF to establish a democratic order went astray with the return of Obote which prompted rebel activities to commence in the country. In 1986, the National Resistance Army through its leader Y.K. Museveni took the leadership of the country. However, throughout this period, they established a proper structure for ensuring the realization of a democratic order that was witnessed with the enactment of the 1995 constitution and embedding the notion of Rule of Law therein. With time, there have been a number of challenges to the operation of the Rule of Law in Uganda which the researcher seeks to examine whether the Rule of Law is Applicable since then to date.