UWCScholar :: Browsing by Author "Nanima, Robert Doya"

Browsing by Author "Nanima, Robert Doya"

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Abusing the accused? Unpacking the use of entrapment in Uganda’s fight against corruption
(University of the Western Cape, 2018) Nanima, Robert Doya
In Uganda, an accused person enjoys a right to a fair trial. It is a requirement that the circumstances surrounding the collection and admission of evidence do not violate this right. This article argues that the use of entrapment in cases of corruption may lead to an abuse of the fair trial rights of an accused. The lack of a legislative framework regulating entrapment, the institutional entrenchment of entrapment in the criminal justice system and the inadequate guidance from judgments substantiate this argument. This article recommends amendments to the Criminal Procedure Code Act with a view to preventing abuse of the accused by agents of the criminal justice system.
Access to Justice in Kenya in the Context of Sustainable Development Goals (SDG) 16.3 on the Rule of Law: Lessons for the upcoming 2020 Voluntary National Review Report
(CEDRED Publications, 2020-08) Nanima, Robert Doya; Durojaye, Ebenezer
Kenya was among the various countries that presented a Voluntary National Review Report in 2017. In the context of the Sustainable Development Goal 16.3, a close reading of the 2017 Report shows some strong and weak points. Kenya is preparing its second Voluntary National Review Report at the next High-Level Political Forum in 2020. This contribution argues that Kenya can take lessons from its 2017 Report to comprehensively engage issues that speak to Access to Justice under SDG 16.3. First, the contribution contextualizes Sustainable Development Goal 16.3 in Kenya’s context. Secondly, it evaluates and juxtaposes the requirements for the Voluntary National Review Report under the 2020 and the 2017 Guidelines. Thirdly, it evaluates the extent to which the 2017 Voluntary National Review Report ascribed to its guidelines and where the emphasis for the 2020 Report should be. The fifth step is a hint on the way forward; followed by a conclusion. The authors adopt a desktop approach that evaluates available literature, legislation, case law and similar sources. The findings show that until May 2020, the SDG 16.3 did not deal with access to civil justice. Literature has identified the need to engage both formal and informal courts to deal with various societal issues like entrenched inequalities, discrimination and the independence of the judiciary. This study finds that a point of departure from Kenya’s 2017 VNR Report requires that data should be desegregated according to the requirements of SDG 16.3, with a more nuanced approach that links the challenges to access to justice.
Admission of confessions in Uganda: Unpacking the theoretical, substantive and procedural considerations of the Supreme Court
(Makerere University, 2017) Nanima, Robert Doya
The Uganda legal regime relies on the discretion of the courts in dealing with improperly obtained evidence. While various theories explain the need to exclude evidence, understanding their rationales sheds light on evaluating why the courts deal with this kind of evidence in the way they do. This article offers an assessment of selected decisions handed down by Uganda’s Supreme Court between 1995 and 2015 with regard to evidence improperly obtained through confessions. It seeks to establish the underlying theoretical considerations of the decisions, how the courts address aspects of procedural and substantive justice, and whether there is a consistent developed jurisprudence. This analysis, therefore, supports the need for reform
Barnard v Minister of Justice: the minister’s verdict - Deciding on parole for offenders serving life sentences
(Institute for Security Studies, 2017) Nanima, Robert Doya
Parole for offenders serving life sentences has ignited questions in media reports and political circles. This complexity becomes a touchy issue when it leaves more questions than answers after the grant or decline to place offenders on parole. This article evaluates the discretion of the minister to decline to grant parole under section 78(2) of the Correctional Services Act 25 of 2008 (CSA). This contribution argues that a minister’s discretion to refuse parole needs to be re- examined in the wake of the decision in Barnard v Minister of Justice, Constitutional Development & Correctional Services and another with regard to its content and context. The paper examines the drafting history to section 78(2) of the Correctional Services Act; evaluates the bounds of the Ministerial powers, and examines its recent application in Barnard. The final step involves recommending a working framework that may reconcile the position.
Evaluating the role of the African committee of experts on the rights and welfare of the child in the Covid-19 era: Visualising the African child in 2050
(University of Pretoria, 2021) Nanima, Robert Doya
Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment informed by adequately functional institutions that aid the implementation of all laws that improve the position of the child; second, an environment punctuated by emergencies such as armed conflict, public health emergencies or humanitarian situations. The third environment is where a child who has moved from humanitarian situations seeks solace. This may include internally-displaced persons and refugees/asylum seekers. This article evaluates the role of the African Committee of Experts on the Rights and Welfare of the Child as the only regional human rights body that monitors the promotion and protection of the rights of children. The evaluation covers the third environment in the context of the COVID-19 era.
An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights
(University of the Western Cape, 2017) Nanima, Robert Doya
This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary hands down decisions that ensure that only policies and laws, which uphold human rights and constitutional standards, are used. This article argues that the existence of this parallel regime has fundamentally affected the refugees’ enjoyment of human rights in Kenya, despite the courts’ resilient position. To illustrate this regime, the article explores the policy directives of the Executive and the corresponding decisions of the courts between 2012 and 2014. It evaluates the decisions of the courts to illustrate the parallel regime.
From Muhammed and others to De Beer and others: striking the balance between public health measures and human rights during Covid-19 era in South Africa
(2020) Durojaye, Ebenezer; Nanima, Robert Doya
The world first got to know of coronavirus (Covid 19) in December 2019, when it rampaged the Chinese city of Wuhan causing many deaths. On 30 January 2020, the World Health Organisation (WHO) declared the outbreak of COVID-19 to be a Public Health Emergency of International Concern. About two months later, on 11 March 2020 the WHO recognised it as a pandemic. As at 15 May 2020, over 4 million people had been infected, with over 300,000 deaths.1 The first reported case of Covid-19 in South Africa was made known on 5 March 2020, since then the pandemic has risen drastically with about 14,000 infected, 257 deaths and over 6000 recoveries as at 15 May 2020.2 Thereafter, the government has adopted several measures to contain the pandemic. This has enabled it to have an integrated and coordinated disaster management mechanism that focuses on preventing and reducing the outbreak of the pandemic.
From physical to online spaces in the age of the #FeesMustFall protests: a critical Interpretative Synthesis of writing centres in emergency situations
(Sabinet African Journals, 2019) Nanima, Robert Doya
Writing centres play a vital role in guiding students in their academic writing. Central to this role is their physical location at tertiary institutions, where students usually walk in and schedule appointments with writing tutors. The recent #FeesMustFall protests saw the temporary closure of universities across South Africa. As a result, the functionality of the writing centres as physical locations was disrupted to the detriment of student development. This article evaluates the application of the principles that underscore the operation of physical writing centres as online spaces. First, it evaluates the writing centre as a physical space, and the resulting shift to an online space as a result of the #FeesMustFall protests. Secondly, with the methodological aids of Critical Interpretative Synthesis and my personal reflections as a tutor, I analyse the possible application of the principles that guide physical writing centres to the online environment.
From physical to online spaces in the age of the #FeesMustFall protests: A critical Interpretative synthesis of writing centres in emergency situations
(Sabinet African Journals, 2019) Nanima, Robert Doya; Klasste, Jacque
Writing centres play a vital role in guiding students in their academic writing. Central to this role is their physical location at tertiary institutions, where students usually walk in and schedule appointments with writing tutors. The recent #FeesMustFall protests saw the temporary closure of universities across South Africa. As a result, the functionality of the writing centres as physical locations was disrupted to the detriment of student development. This article evaluates the application of the principles that underscore the operation of physical writing centres as online spaces. First, it evaluates the writing centre as a physical space, and the resulting shift to an online space as a result of the #FeesMustFall protests. Secondly, with the methodological aids of Critical Interpretative Synthesis and my personal reflections as a tutor, I analyse the possible application of the principles that guide physical writing centres to the online environment.
From physical to online spaces in the age of the #Feesmustfall protests: A critical interpretative synthesis of writing centres in emergency situations
(Stellenbosch University, 2019) Nanima, Robert Doya
Writing centres play a vital role in guiding students in their academic writing. Central to this role is their physical location at tertiary institutions, where students usually walk in and schedule appointments with writing tutors. The recent #FeesMustFall protests saw the temporary closure of universities across South Africa. As a result, the functionality of the writing centres as physical locations was disrupted to the detriment of student development. This article evaluates the application of the principles that underscore the operation of physical writing centres as online spaces. First, it evaluates the writing centre as a physical space, and the resulting shift to an online space as a result of the #FeesMustFall protests. Secondly, with the methodological aids of Critical Interpretative Synthesis and my personal reflections as a tutor, I analyse the possible application of the principles that guide physical writing centres to the online environment.
The legal status of evidence obtained through human rights violations in Uganda
(Faculty of Law, North-West University, 2016) Nanima, Robert Doya
The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture and cruel, inhuman and degrading treatment inadmissible. This means that evidence obtained through human rights violations other than torture and cruel, inhuman and degrading treatment is not covered by any other legislation in Uganda. The position is different in other jurisdictions such as South Africa, Kenya and Zimbabwe, which have constitutional provisions on how to deal with evidence obtained through human rights violations. The decisions that have been handed down by the Ugandan courts reflect various jurisprudential inconsistencies in dealing with this kind of evidence. This study delves into this lacuna and suggests proposals for reform.
Mainstreaming the ‘Abortion question’ into the right to health in Uganda
(Dullah Omar Institute, 2021) Nanima, Robert Doya
The right to health is a social and economic right that requires progressive realisation by states (Chenwi 2013). Although Uganda’s Constitution does not provide for the right to health, the country is a signatory to the International Covenant on Economic, Social and Cultural Rights (UN General Assembly 1966). The Constitution contains other social and economic rights, such as the right to education, but the lack of the right to health has prompted several recommendations by the Committee on Economic, Social and Cultural Rights’ (CESCR) that Uganda take legislative and other measures to ratify and apply the rights in the ICESCR.
A missing link in the Traditional Courts Bill 2017 evidence obtained through human rights violations
(ISS & the University of Cape Town, 2018) Nanima, Robert Doya
The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of human rights. As such, any court that deals with criminal cases has to evaluate evidence before it is admitted. This article argues that the Traditional Courts Bill (TCB)1 does not provide for a mode of dealing with evidence obtained as a result of human rights violations. To substantiate this argument, the article reviews the current Bill, and reflects on the challenges that arise with regard to evidence obtained in this way. The article contextualises section 35(5) of the Constitution of the Republic of South Africa, and discusses the practical difficulties of applying it under the current Bill. The article concludes with recommendations for measures that can ensure that accused persons are not prejudiced when appearing before the court.
A right to a fair trial in Uganda’s Judicature (Visual Audio Link) Rules: Embracing the challenges in the era of Covid-19
(Taylor and Francis, 2020) Nanima, Robert Doya
The application of the Uganda Judicature (Visual-Audio Link) Rules does not contextualise the complete protection of an accused’s right to a fair trial during emergencies. A contextualisation of the right to a fair trial in inter national law and under Uganda's domestic law is done. An evaluation of the application of the Visual-Audio Rules in the context of its objectives and circumstances follows. The contribution proposes an accused-centred approach in the application of the Visual-Audio Rules. A conclusion and recommendations follow.
A right to a fair trial in Uganda’s Judicature (Visual-Audio Link) Rules: Embracing the challenges in the era of Covid-19
(Routledge, 2020) Nanima, Robert Doya
The application of the Uganda Judicature (Visual-Audio Link) Rules does not contextualise the complete protection of an accused’s right to a fair trial during emergencies. A contextualisation of the right to a fair trial in international law and under Uganda's domestic law is done. An evaluation of the application of the Visual-Audio Rules in the context of its objectives and circumstances follows. The contribution proposes an accused-centred approach in the application of the Visual-Audio Rules. A conclusion and recommendations follow.
The right to education of the refugee girl affected by armed conflict in Kenya: insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child
(2021) Nanima, Robert Doya
The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations including violence through sexual offences and violation of civil and political as well as socio-economic rights. An evaluation of all human rights violations cannot be done comprehensively. This article takes a thematic turn and evaluates the aspects of the right to education of the refugee girl child. It sets the tone by reflecting on the normative framework of the right to education of the refugee child at the international, regional and national levels. This is followed by a discussion of the violation of this right in situations of conflict and host States like Kenya. Drawing on the jurisprudence of the African Committee on the Rights and Welfare of the Child, insights on the improvement of the enjoyment of this right are engaged. A conclusion and recommendations follow.
The role of questioning in writing tutorials: a critical approach to student-centered learning in peer tutorials in higher education
(Taylor & Francis, 2018) Munje, Paul Nwati; Nanima, Robert Doya; Clarence, Sherran
Peer tutoring in higher education aims to enhance student learning, and confidence. In writing centres, peer writing tutors use critical questioning to make the tutorial sessions student-focused and productive. The nature of questions influences the outcomes of the tutorials, yet research has not devoted sufficient time to unpacking what form this questioning takes, and the potential value for students and tutors. This paper explores the kinds of questions asked, the challenges posed to students and tutors, and implications for the learning process. Tutors’ experiences during tutorials and their reflections in written reports are used to unpack and explore questioning in tutorials. The paper highlights questioning as relevant in writing centre spaces due to its central role in shaping student learning about writing. The findings have relevance for peer tutoring in higher education generally, and indicate the importance of peer tutors learning to use questions to engage effectively with students.

Browsing by Author "Nanima, Robert Doya"

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