Towards the abolition of the death penalty in Uganda: (an analysis of the implications of the Susan Kugula case)
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Date
2011-09
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Kampala International University.College of Law
Abstract
The researcher embarked on the research topic: An analysis of the implications of the SUSAN
KIGULA CASE; The study investigates two issues related to Uganda perception about the abolition
of the death penalty and also discusses the implications and imports of the Kigula Case- a special
type of ruling on the subject in Uganda. In the researcher’s report there is an introduction of the
death penalty and its background in Uganda. The researcher looks at the background in Uganda and
the rest of the world in general, had an opportunity to look at the current literature and the different
view points i.e. literature of the death penalty generally and in Uganda in particular, and conducted
field study, desk study and the findings have been included and summarized in chapter four- Data
analysis, Interpretation and Presentation. conclusions have been drawn and it is hoped hoped that
another researcher may start from there for further research. Given the world trend, it will not be
long for the death penalty to be abolished entirely from the Ugandan statute books. It is the
researcher’s view that people live and work in a global village — and Uganda is part of this global
village. Uganda cannot afford to work in isolation. The modern evolving standards of decency
cannot leave Uganda out. The researcher agrees with the world wide trend and majority views
concerning the death penalty that it is no longer viable. The sooner the death penalty is abolished,
the better. The researcher concluded by stating that the death penalty has outlived its useful purpose
The researcher found that more than 2/3 of the world have abolished the death penalty — in law and
practice. Even the 50 countries that have retained the death penalty, have not used it in 2009. It was
only 18 countries that (included China) used it in the same year. The researcher reviewed different
literature of different authors with diverse views on the death penalty. Some of those reviewed
included; The death penalty debate by Hon. Justice Anthony Bahati, Chairman of the Law Reform of
Tanzania, Robin M. Maher, “The death penalty and reform in the USA; The people decide by Leah
Ambler, John MCdams views on the deterrents among others. Following the research design, the
researcher embarked on the analysis of the Susan Kigula case and its implication on the Ugandan
laws. The researcher first looked at the legal provisions governing the death penalty in Uganda —
both in civil and military courts, and a list of offences that attract the death penalty. The researcher
also looked at the international human rights instruments and how they impart on Ugandan court
system. The researcher found that most of the people interviewed were in favour of the death
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penalty. This was no sui~rise in a countly where mob justice is ve~ common even for the slightest
offence.
The death penalty is constitutional in Uganda but the court’s judicial notice on the international trend
for abolition and the advice to the law makers to consider the abolition of the death penalty is indeed
encouraging. The researcher was able to identify a number of elements inconsistent with the
international human rights obligation of Uganda in the context of the administration of the death
penalty. Great attention has been focused on the abolition of the death penalty the world over. The
abolionists have failed to consider the plight of the victims families. The victims have also human
rights which were cut short by deliberate criminal behavior. Many writers and researchers are of the
view that the death penalty has no deterrent effect. In the researcher’s view this is debatable. The
researcher concludes that death penalty in Uganda (in light of what has transpired) will soon be
abolished. How soon this will depend on how the government and other stakeholders will act; —
namely sensitize the public. But until that is done, the hardened attitude of the populace may take
long to soften.
Description
Thesis presented to the School of Postgraduate Studies and Research Kampala International University in partial fulfillment of the requirements for the award of the degree of master of Laws
Keywords
Abolition, Death, Penalty, Uganda