An evaluation of the information communication technology (ict) based adjudication process in civil proceedings in Uganda

Abstract

This study examines the ICT-based adjudication process in Uganda’s judiciary and its implications for the constitutional right to a fair hearing in civil matters. It argues that the rapid expansion of digital adjudication during and after the COVID-19 pandemic occurred without sufficient regard for safeguards inherent in the right to a fair hearing. Guided by four research questions, the study assesses the consistency of international and domestic standards, the effectiveness of Uganda’s legal and institutional frameworks, the extent to which e-case management and e-courtroom systems protect fair-hearing guarantees, the shortcomings that persist, and insights that may be drawn from other jurisdictions. Employing a doctrinal legal research methodology, it reviews international human rights instruments, national legislation, and pertinent scholarly commentary. The study finds that, although Uganda’s constitutional and statutory provisions generally reflect international norms, gaps—particularly discretionary derogations and non-harmonised, pre-digital laws—pose risks. It concludes that ICT-based adjudication may strengthen access to justice if digital infrastructure, legal reforms, privacy protections, and safeguards for counsel, vulnerable persons, and timely trials are prioritised.