Research Articles

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The ‘But For’ Test in Proving Causation in Insurance Claims in Uganda
(STRATHMORE LAW JOURNAL, 2023) Okurut, Emmanuel
Causation in insurance law refers to the cause-and-effect relationship between an event and the resulting loss or damage. Causation is an important concept because it determines whether an insured party is entitled to coverage under a particular policy. There are several legal principles that are used to evaluate causation in insurance disputes, including the proximate cause rule and the ‘but for’ test. The ‘but for’ test, which inquires whether the loss would not have occurred ‘but for’ the occurrence of the covered event, has been criticized for its oversimplification of the causation analysis and its failure to adequately consider the complex causal chain that often underlies loss. In addition, the ‘but for’ test tends to draw a number of false negatives while taking into account certain irrelevant considerations. In contrast, the proximate cause rule, which requires that the covered event be the primary cause of the loss or damage, offers a more nuanced and comprehensive approach to causation analysis. It considers the full range of factors that may have contributed to the loss or damage and allows for a more flexible and context specific analysis of causation. This article argued that the ‘but for’ test is an unreliable method for proving causation in insurance law and that the proximate cause rule is more appropriate. This article concluded that the proximate cause rule is a more reliable method for proving causation in insurance law and should be adopted as the standard for determining coverage under an insurance policy
Insurable Interest in the Lives of Minor Children in Uganda
(Cavendish University Law Journal, 2023-03) Okurut, Emmanuel; Atim, Grace Okeny
Insurable interest is an essential requirement that distinguishes legitimate life assurance policies from wagers. This paper analyses the statutory insurable interest of parents and guardians of minors, in the lives of those children under Section 133(2)(a) of the Insurance Act of Uganda. This provision implies that parents and guardians of minor children in Uganda are conferred with a statutory insurable interest in the lives of their minor children. Therefore, they may insure the lives of their minor children and become the beneficiaries of such policies. The major problem is that the prospective benefits of such policies taken on the lives of minors may become an incentive for harming or even killing the child. To interpret and determine the appropriateness of Section 133(2)(a) of the Insurance Act, this paper compares the Ugandan legal position with the Common Law. This comparison is essential because Insurance Law in Uganda was heavily influenced by the principles of the Common Law. Insurance regulation was initially written in Uganda by subsidiaries of foreign corporations, mostly those with British, American, and Indian roots, until the late 19th century. The first insurance decree was enacted in 1978, and since then Ugandan insurance legislation has steadily expanded to include all relevant parts of the sector, including life assurance.This paper finds that parents’ and guardians’ presumed insurable interest in the lives of their minor children is not supported under the Common Law. This is because natural affection relationships are not capable of conferring a presumed insurable interest in life assurance. As a result, Section 133(2)(a) of the Insurance Act is largely inappropriate and it is no wonder that life insurers in Uganda do not offer this kind of product. This paper recommends that the provision should be urgently amended to do away with the statutory insurable interest conferred upon parents and guardians in the lives of their minor children.
Freedom of expression in relation to persons with Deaf blindness in Uganda
(East African Journal of Peace and Human Rights, 2021) Among, Hope; Okurut, Emmanuel
The freedom of expression and is deemed a major human right whose protection is essential for the enjoyment of other rights and is exercised at different levels that is the home, community, and national level. According to the UN Human Rights Committee General Comment No. 34, the freedom of expression is the ‘foundation stone for every free and democratic society.’ This reiterates the internationally accepted position that this right is at the core of human existence and in particular, the wellbeing and development of persons with disabilities. Article 21 of CRPD further mandates state parties to ensure that persons with disabilities enjoy and exercise the freedom of expression. This includes the right to seek, receive and impart information through all available forms of communication. Most persons with disabilities have single mainstream impairments which may include visual impairments, auditory loss, mental health conditions, intellectual/learning impairment, neurological, and physical impairment among others. However, there is a heterogeneous group called the Deafblind, with both auditory loss and impaired vision ranging from mild to severe. The loss usually occurs during pregnancy/in early childhood (congenital), or at a later stage in life (acquired or adventitious) either progressively or instantaneously. This impairment affects one’s ability to learn and interact with the society which are fundamental precepts of freedom of expression. It is on this basis that this article analyzes this right in relation to the Deafblind in Uganda
Charcoal Burning and Climate Change in Uganda: A Legal Perspective
(International Journal of Research and Innovation in Applied Science, 2020-12) Okurut, Emmanuel
This paper reviewed the legal perspectives that govern charcoal burning and climate change in Uganda. The paper unveiled legal loopholes in the current legal framework that is causing the prevalence of tree cutting for charcoal business in Uganda. The high demand for charcoal products has forced majority of the poor to engage in this Lucratic business but at the expense of climate change. So far several parts of the country are grappling with cases of droughts and floods hence a looming famine awaits and in some areas of the country, people are dying of the same. This paper recommends that unregulated tree cutting for charcoal business be streamlined by coming up with stringent policies and laws that can equally address this pandemic.
Stigmatization, discrimination and the right to heath of autistic children in Uganda
(IUIU Journal of Comparative Law, 2019) Okurut, E; Among, H
Autism spectrum is a neurodevelopmental disorder that has adverse effects on the development of an individual. This condition usually impairs an individual’s ability to carry out ordinary day- to-day functions such as eating, bathing, socializing and communication. If detected early, some of these skills can be taught improving on the individual’s quality of life as they grow into adulthood. However, autism is usually misunderstood and misdiagnosed as a mental disorder to the detriment of the autistic child. In fact, many societies in Africa attribute this condition to a curse, evil spirit possession, or sins of the parents which usually leads stigma. Caregivers and parents will most often hide autistic children from society for fear of judgment. As a result of such stigma, some autistic children are only let out in the open when it is extremely necessary because of their underdeveloped social skills. Such concealment is detrimental to autistic children and prevents them from accessing the life changing help they require for their intellectual and social development. In addition, the specialist care that autistic children need is often too expensive for parents and guardians to afford. These factors usually leave autistic children at the mercy of fate even where there is a willingness to seek help. This article seeks to establish an understanding of the autistic disorder and the effect it has on the development of an individual. The article also explores the problem of discrimination and stigmatization of autistic children in Uganda with particular emphasis on their right to healthcare. The article also examines the duty of the state to provide specialized healthcare to autistic children as well as ensuring an environment that is conducive for their development and the realization of their full potential
The contentious relationship between Africa and the ICC
(Journal of Law and Conflict Resolution, 2018) Okurut, E.; Among, H. C.
The ICC was established in 2002 under the Rome Statute with significant support from African states which comprise thirty percent of the ICC’s total membership. After nearly two decades in operation, the ICC has issued a number of indictments to both sitting and ex-African leaders. The African Union has criticized these indictments citing that the Court seems to be overly concentrating its efforts on the African continent. African leaders have claimed that the ICC has ignored the atrocities committed by Western superpowers particularly in the various wars on terror around the world. Another notable concern is the absence of these major powers from the membership of the Rome Statute. In response for example, several African states including Chad, Uganda, South Africa and Malawi have defied the ICC’s requests to arrest and extradite Sudan’s Omar al-Bashir for prosecution. The latest of such defiance was Rwanda’s refusal to arrest al Bashir when he visited the country in March 2018. This article traced the origin of African dissent against the ICC and examined its implications on justice for victims, international law, as well as the future of the Court. This article examined some of the most prominent ICC investigations of African Heads of State and the criticisms against such action for example, state sovereignty and immunity of Heads of State. The article also analyzed the role of the ICC in creating accountability for atrocities in Africa. It concluded that although the ICC has its deficiencies, it remains a very important avenue for ensuring accountability and justice for serious crimes in Africa. This exercise was achieved by extensive review and analysis of international law instruments, national legislation, textbooks, academic articles as well as reports pertaining to the formation and operation of the ICC.
Accountability for Acts of Torture by Counter Terrorism Law Enforcement Officials in Uganda
(University of Botswana Law Journal, 2017) Okurut, E.
The problem of torture has been a serious challenge within Uganda’s police force and has persisted over the years regardless of a number of measures against the practice.1 The practice of torture has permeated the entire police force but has been more pronounced in the fight against terrorism by the Counter Terrorism Police Unit and its affiliated security agencies.2 The threat of crime such as terrorism in Uganda has had a number of implications on the safety and security of the country. In response to these threats, the Ugandan government has implemented a number of counterterrorism measures including enacting the Anti-Terrorism Act, and revamping law enforcement agencies to improve their capacity to effectively respond to and neutralize threats of terrorism.3 While these measures are essential for the maintenance of safety and security, some of them have had the effect of unlawfully limiting and eroding certain rights and freedoms including the protection against torture, inhuman and degrading treatment.4 One of the main concerns is that counterterrorism legislation in itself tends to be generally permissive, granting law enforcement wide discretion within the course of their duties with minimal accountability measures.5 It is therefore essential for the state to strike a balance between safeguarding national security and protecting the right against torture, inhuman and degrading treatment. This article recommends a number of changes including improving internal and external accountability measures in order to ensure that law enforcement does not engage in torture, a practice which is clearly against both international and Ugandan law.

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